Business and Professions Code — Part 15 | BPC — United States — California law | Esheria

Business and Professions Code

Part 15 of 52 · provisions 2,801–3,000

This section says the act is called the Business and Professions Code.

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This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 1962.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

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    The dental hygiene board must issue a permit for certain dental hygienists to use a specified practice name if listed conditions are met, and permits can expire, be suspended, or be revoked.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1962. (a) An association, partnership, corporation, or group of three or more registered dental hygienists in alternative practice engaging in practice under a name that would otherwise be in violation of Section 1960 may practice under that name if the association, partnership, corporation, or group holds an unexpired, unsuspended, and unrevoked permit issued by the dental hygiene board under this section. (b) An individual registered dental hygienist in alternative practice or a pair of registered dental hygienists in alternative practice who practice dental hygiene under a name that would otherwise violate Section 1960 may practice under that name if the licensees hold a valid permit issued by the dental hygiene board under this section. The dental hygiene board shall issue a written permit authorizing the holder to use a name specified in the permit in connection with the holder’s practice if the dental hygiene board finds all of the following: (1) The applicant or applicants are duly licensed registered dental hygienists in alternative practice. (2) The place where the applicant or applicants practice is owned or leased by the applicant or applicants, and the practice conducted at the place is wholly owned and entirely controlled by the applicant or applicants and is an approved area or practice setting pursuant to Section 1926. (3) The name under which the applicant or applicants propose to operate contains at least one of the following designations: “dental hygiene group,” “dental hygiene practice,” or “dental hygiene office,” contains the family name of one or more of the past, present, or prospective associates, partners, shareholders, or members of the group, and is in conformity with Section 651 and not in violation of subdivisions (i) and (l) of Section 1950.5. (4) All licensed persons practicing at the location designated in the application hold valid licenses and no charges of unprofessional conduct are pending against any person practicing at that location. (c) A permit issued under this section shall expire and become invalid unless renewed in the manner provided for in this article for the renewal of permits issued under this article. (d) A permit issued under this section may be revoked or suspended if the dental hygiene board finds that any requirement for original issuance of a permit is no longer being fulfilled by the permitholder. Proceedings for revocation or suspension shall be governed by the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (e) If charges of unprofessional conduct are filed against the holder of a permit issued under this section, or a member of an association, partnership, group, or corporation to whom a permit has been issued under this section, proceedings shall not be commenced for revocation or suspension of the permit until a final determination of the charges of unprofessional conduct, unless the charges have resulted in revocation or suspension of a license. (Amended by Stats. 2019, Ch. 456, Sec. 47. (SB 786) Effective January 1, 2020.)
  2. 19620.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 10. Revenue [19620.3 - 19642.1] ( Article 10 added by Stats. 1959, Ch. 1828. )

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    This section creates the Horse and Jockey Safety and Welfare Account in the State Treasury and directs certain license fee money into it for equine safety use.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 10. Revenue [19620.3 - 19642.1] ( Article 10 added by Stats. 1959, Ch. 1828. ) ## 19620.3. The Horse and Jockey Safety and Welfare Account is hereby created in the State Treasury. Notwithstanding Sections 19606.1, 19616.51, 19620, 19620.1, and 19632, Section 13340 of the Government Code, or any other law, moneys from license fees imposed pursuant to Article 3 (commencing with Section 19460) shall be deposited in the Horse and Jockey Safety and Welfare Account and be continuously appropriated without regard to fiscal years for allocation by the Department of Finance to the board for equine safety measures to improve the integrity and safety of horse racing that shall include, but are not limited to, contracting for additional state veterinarians, stewards, and infrastructure support related to the safety and welfare of racehorses and jockeys. (Added by Stats. 2020, Ch. 251, Sec. 8. (AB 1974) Effective January 1, 2021.)
  3. 1963.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

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    The dental hygiene board may file a complaint about violations of this article, and county district attorneys must prosecute those violations in their counties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1963. The dental hygiene board may file a complaint for violation of any part of this article with any court of competent jurisdiction and may, by its officers, counsel, and agents, assist in presenting the law or facts at the trial. The district attorney of each county in this state shall prosecute all violations of this article in their respective counties in which the violations occur. (Amended by Stats. 2019, Ch. 456, Sec. 48. (SB 786) Effective January 1, 2020.)
  4. 1964.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

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    On the dental hygiene board’s application, a county superior court must issue an injunction to stop an unlicensed person from practicing dental hygiene.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1964. In addition to the other proceedings provided for in this article, on application of the dental hygiene board, the superior court of any county shall issue an injunction to restrain an unlicensed person from conducting the practice of dental hygiene, as defined in this article. (Amended by Stats. 2019, Ch. 456, Sec. 49. (SB 786) Effective January 1, 2020.)
  5. 19640.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 10. Revenue [19620.3 - 19642.1] ( Article 10 added by Stats. 1959, Ch. 1828. )

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    A race-meeting licensee must collect penalties or fines imposed by stewards and pay them to the board within 10 business days after the meeting closes.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 10. Revenue [19620.3 - 19642.1] ( Article 10 added by Stats. 1959, Ch. 1828. ) ## 19640. All money representing penalties or fines imposed by the stewards of a horse race meeting shall be collected by the licensee of the meeting and paid to the board within 10 business days after its close, and the board shall deposit all those moneys in the Horse and Jockey Safety and Welfare Account established pursuant to Section 19620.3, and be continuously appropriated without regard to fiscal years for allocation by the Department of Finance to the board for horse welfare and safety measures. The board shall publicly disclose on its internet website the horse welfare and safety measures it funds with these moneys. For purposes of this section, horse welfare and safety measures shall include all of the following: (a) Contracting for additional state veterinarians. (b) Adding additional stewards. (c) Improving or adding race track infrastructure to directly improve the safety and welfare of horses and riders. (Amended by Stats. 2020, Ch. 251, Sec. 9. (AB 1974) Effective January 1, 2021.)
  6. 19641.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 10. Revenue [19620.3 - 19642.1] ( Article 10 added by Stats. 1959, Ch. 1828. )

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    This section requires certain unclaimed redistributable parimutuel funds to be paid to the board or the welfare fund, or in some cases into the State Treasury, on set dates.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 10. Revenue [19620.3 - 19642.1] ( Article 10 added by Stats. 1959, Ch. 1828. ) ## 19641. (a) (1) Except as provided in subdivision (b), any redistributable money in a parimutuel pool subject to payment to a claimant pursuant to Section 19598, but not successfully claimed within that period, shall be paid to the board, as follows: (A) An estimated payment equal to 20 percent of the preceding year’s unclaimed redistributable money paid pursuant to this paragraph shall be paid to the board on July 1, October 1, January 1, and April 1, or the next business day thereafter. (B) On May 30, or the next business day thereafter, of the year following the close of a horse racing meeting, the association shall pay to the board all of the redistributable funds that are owed it pursuant to this paragraph, less estimated payments made pursuant to subparagraph (A). (2) The money received by the board under this subdivision resulting from thoroughbred, harness, or quarter horse meetings, but excluding the meetings of the California Exposition and State Fair or of a county, district agricultural association, or citrus fruit fair, shall be used by the board to support research on matters pertaining to horse racing and racetrack security, but the money shall be subject to annual budgetary review by the Legislature. All of the redistributable money received by the board from other meetings shall be paid immediately into the State Treasury to the credit of the General Fund. (b) (1) One-half of the redistributable money resulting from the thoroughbred, harness, or quarter horse meetings, but excluding the meetings of the California Exposition and State Fair or county, district agricultural association, or citrus fruit fair meetings, shall be distributed to a welfare fund established for the benefit of horsemen and horsewomen and backstretch personnel, as follows: (A) An estimated payment equal to 20 percent of the preceding year’s unclaimed redistributable money distributed pursuant to this paragraph shall be distributed to the welfare fund on July 1, October 1, January 1, and April 1, or the next business day thereafter. (B) On May 30, or the next business day thereafter, of the year following the close of a horse racing meeting, the association shall pay to the welfare fund all of the redistributable funds that are owed it pursuant to this paragraph, less estimated payments made pursuant to subparagraph (A). (2) The welfare fund shall make an accounting to the board within one calendar year of the receipt of the payment. (3) Upon approval of the board, moneys under this subdivision may be used to provide treatment for, and support the health care needs of, licensees under this chapter, employees of racing associations, and members of horsemen’s and horsewomen’s organizations and other racing-related charitable organizations representing or assisting backstretch personnel, if the need for the treatment and support is related to the person’s participation in the horse racing industry. (c) Except as provided in subdivision (a) or (b), any remaining redistributable money in a parimutuel pool subject to payment to a claimant pursuant to Section 19598, but not successfully claimed within the period specified in that section, shall be distributed one-half to the board, for the purposes specified and in the manner specified in subdivision (a), and one-half to the welfare fund established by the horsemen’s and horsewomen’s organization described in subdivision (b) in the manner specified in subdivision (b). (Amended by Stats. 2017, Ch. 420, Sec. 3. (AB 1723) Effective January 1, 2018.)
  7. 19641.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 10. Revenue [19620.3 - 19642.1] ( Article 10 added by Stats. 1959, Ch. 1828. )

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    A nonprofit foundation must use received funds to run a health and welfare trust fund for eligible people, employers of backstretch workers must provide requested employment records, and the board must include at least one member without financial interest in horse racing.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 10. Revenue [19620.3 - 19642.1] ( Article 10 added by Stats. 1959, Ch. 1828. ) ## 19641.2. (a) The nonprofit foundation authorized to receive funds pursuant to Section 19641 shall use those funds to administer a health and welfare trust fund without prejudice and for the benefit of every eligible person. The officers and directors of the health and welfare trust fund shall have a fiduciary responsibility to manage the fund for the benefit of the beneficiaries. (b) Every employer of backstretch workers shall, upon request, submit in writing or electronically to the administrator of the welfare program for backstretch workers any employment records necessary for prompt payment of benefits and proper administration of the program. Upon request, employers shall also provide to the administrator access to any employment records necessary for prompt payment of benefits and proper administration of the program. (c) At least one member of the health and welfare fund board shall be a member without financial interest in the horse racing industry appointed from a list of nominees submitted jointly by the California State Council of the Service Employees International Union, the Jockey’s Guild, and the California Teamsters Public Affairs Council. (d) Nothing in this section is intended to affect the status of the welfare fund as a charity under Section 501(c)(3) of the federal Internal Revenue Code or its compliance with the Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2005, Ch. 22, Sec. 5. Effective January 1, 2006.)
  8. 19642.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 10. Revenue [19620.3 - 19642.1] ( Article 10 added by Stats. 1959, Ch. 1828. )

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    Unredeemed cash vouchers must be distributed to a nonprofit organization designated by the board if they are not redeemed within 365 days after the racing meeting ends.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 10. Revenue [19620.3 - 19642.1] ( Article 10 added by Stats. 1959, Ch. 1828. ) ## 19642. Cash vouchers that are not redeemed within 365 days of the close of the racing meeting at which the voucher was purchased shall be distributed to a nonprofit organization designated by the board for purposes of maintaining a data base of horseracing information to further the purposes of Section 19444. (Added by Stats. 1994, Ch. 311, Sec. 12. Effective July 21, 1994.)
  9. 19642.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 10. Revenue [19620.3 - 19642.1] ( Article 10 added by Stats. 1959, Ch. 1828. )

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    A designated nonprofit gets a small share of satellite wagering facility amounts, and it must submit an annual budget and quarterly financial statements to the board.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 10. Revenue [19620.3 - 19642.1] ( Article 10 added by Stats. 1959, Ch. 1828. ) ## 19642.1. In addition to the distributions specified in Sections 19605.7, 19605.71, and 19605.72, from the amounts that would normally be available for commissions and purses from wagering on all breeds, an amount not to exceed 0.05 percent of the total amount handled by each satellite wagering facility shall be distributed to the nonprofit organization designated by the board for purposes of maintaining a database of horse racing information to further the purposes of Section 19444. The amount distributable to the nonprofit organization initially shall be 0.05 percent of the total amount handled by each satellite wagering facility and may be adjusted by the board, in its discretion. The nonprofit organization shall annually submit its budget for the ensuing calendar year to the board at its November meeting and shall file quarterly financial statements with the board. (Added by Stats. 2010, Ch. 283, Sec. 8. (SB 1072) Effective January 1, 2011.)
  10. 1965.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

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    A county superior court may issue an injunction or similar order to stop conduct that would violate this chapter, if 10 or more licensed dental hygienists apply.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1965. If a person has engaged in or is about to engage in an act that constitutes an offense against this chapter, the superior court of any county, on application of 10 or more persons holding licenses to practice dental hygiene issued under this article, may issue an injunction or other appropriate order restraining that conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (Added by Stats. 2008, Ch. 31, Sec. 47. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
  11. 1966.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

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    The dental hygiene board must create diversion evaluation committees and set selection criteria for them. Committee members are entitled to per diem and expenses under Section 103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1966. (a) It is the intent of the Legislature that the dental hygiene board seek ways and means to identify and rehabilitate licensees whose competency may be impaired due to abuse of dangerous drugs or alcohol, so that licensees so afflicted may be treated and returned to the practice of dental hygiene in a manner that will not endanger the public health and safety. It is also the intent of the Legislature that the dental hygiene board establish a diversion program as a voluntary alternative approach to traditional disciplinary actions. (b) One or more diversion evaluation committees shall be established by the dental hygiene board. The dental hygiene board shall establish criteria for the selection of each diversion evaluation committee. Each member of a diversion evaluation committee shall receive per diem and expenses as provided in Section 103. (Amended by Stats. 2019, Ch. 456, Sec. 50. (SB 786) Effective January 1, 2020.)
  12. 1966.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

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    The dental hygiene board sets rules for diversion programs for licensees, and certain licensees may request or self-refer into the program. The board can require an understanding statement, must close some investigations after successful completion, and may continue or reopen investigations and discipline in other situations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1966.1. (a) The dental hygiene board shall establish criteria for the acceptance, denial, or termination of licensees in a diversion program. Unless ordered by the dental hygiene board as a condition of a licensee’s disciplinary probation, only those licensees who have voluntarily requested diversion treatment and supervision by a diversion evaluation committee shall participate in a diversion program. (b) A licensee who is not the subject of a current investigation may self-refer to the diversion program on a confidential basis, except as provided in subdivision (f). (c) A licensee under current investigation by the dental hygiene board may also request entry into a diversion program by contacting the dental hygiene board. The dental hygiene board may refer the licensee requesting participation in the program to a diversion evaluation committee for evaluation of eligibility. Prior to authorizing a licensee to enter into the diversion program, the dental hygiene board may require the licensee, while under current investigation for any violations of this article or other violations, to execute a statement of understanding that states that the licensee understands that the licensee’s violations of this article or other statutes, that would otherwise be the basis for discipline, may still be investigated and be the subject of disciplinary action. (d) If the reasons for a current investigation of a licensee are based primarily on the self-administration of any controlled substance or dangerous drugs or alcohol under Section 1951, or the illegal possession, prescription, or nonviolent procurement of any controlled substance or dangerous drugs for self-administration that does not involve actual, direct harm to the public, the dental hygiene board shall close the investigation without further action if the licensee is accepted into the dental hygiene board’s diversion program and successfully completes the requirements of the program. If the licensee withdraws or is terminated from the program by a diversion evaluation committee, the investigation shall be reopened and disciplinary action imposed, if warranted, as determined by the dental hygiene board. (e) Neither acceptance nor participation in the diversion program shall preclude the dental hygiene board from investigating or continuing to investigate, or taking disciplinary action or continuing to take disciplinary action against, any licensee for any unprofessional conduct committed before, during, or after participation in the diversion program. (f) All licensees shall sign an agreement of understanding that the withdrawal or termination from the diversion program at a time when a diversion evaluation committee determines the licensee presents a threat to the public’s health and safety shall result in the utilization by the dental hygiene board of diversion treatment records in disciplinary or criminal proceedings. (g) Any licensee terminated from the diversion program for failure to comply with program requirements is subject to disciplinary action by the dental hygiene board for acts committed before, during, and after participation in the diversion program. A licensee who has been under investigation by the dental hygiene board and has been terminated from the diversion program by a diversion evaluation committee shall be reported by the diversion evaluation committee to the dental hygiene board. (Amended by Stats. 2019, Ch. 456, Sec. 51. (SB 786) Effective January 1, 2020.)
  13. 1966.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

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    Each diversion evaluation committee must evaluate diversion-program applicants, review treatment-facility referrals, review participant information, assess whether a licensee can safely continue or resume dental hygiene practice, and perform other duties the dental hygiene board requires by regulation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1966.2. Each diversion evaluation committee shall have the following duties and responsibilities: (a) To evaluate those licensees who request to participate in the diversion program according to the guidelines prescribed by the dental hygiene board and to consider the recommendations of any licensees designated by the dental hygiene board to serve as consultants on the admission of the licensee to the diversion program. (b) To review and designate those treatment facilities to which licensees in a diversion program may be referred. (c) To receive and review information concerning a licensee participating in the program. (d) To consider in the case of each licensee participating in a program whether the licensee may safely continue or resume the practice of dental hygiene. (e) To perform other related duties as the dental hygiene board may by regulation require. (Amended by Stats. 2019, Ch. 456, Sec. 52. (SB 786) Effective January 1, 2020.)
  14. 1966.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

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    A diversion evaluation committee may meet in closed session to review reports about a licentiate seeking or taking part in a diversion program, but only as far as needed to protect the licensee’s privacy.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1966.3. Notwithstanding the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to public meetings, a diversion evaluation committee may convene in closed session to consider reports pertaining to any licentiate requesting or participating in a diversion program. A diversion evaluation committee shall only convene in closed session to the extent that it is necessary to protect the privacy of a licensee. (Added by Stats. 2008, Ch. 31, Sec. 47. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
  15. 1966.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    A licensee seeking a diversion program must cooperate with the treatment program and pay all related costs unless the dental hygiene board waives the cost.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1966.4. Each licensee who requests participation in a diversion program shall agree to cooperate with the treatment program designed by a diversion evaluation committee and to bear all costs related to the program, unless the cost is waived by the dental hygiene board. Any failure to comply with the provisions of a treatment program may result in termination of the licensee’s participation in a program. (Amended by Stats. 2019, Ch. 456, Sec. 53. (SB 786) Effective January 1, 2020.)
  16. 1966.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    The diversion evaluation committee must destroy diversion-program records after deciding a licensee has been rehabilitated and the program is complete. Related board and committee records are confidential, except as authorized by Section 1966.1(f).

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1966.5. (a) After a diversion evaluation committee, in its discretion, has determined that a licensee has been rehabilitated and the diversion program is completed, the diversion evaluation committee shall purge and destroy all records pertaining to the licensee’s participation in the diversion program. (b) Except as authorized by subdivision (f) of Section 1966.1, all dental hygiene board and diversion evaluation committee records and records of proceedings pertaining to the treatment of a licensee in a program shall be kept confidential and are not subject to discovery or subpoena. (Amended by Stats. 2019, Ch. 456, Sec. 54. (SB 786) Effective January 1, 2020.)
  17. 1966.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    The dental hygiene board must provide representation for certain people who make reports under this article if they are sued for defamation over reports or information given about a licensee’s participation in the diversion program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1966.6. The dental hygiene board shall provide for the representation of any person making reports to a diversion evaluation committee or the dental hygiene board under this article in any action for defamation for reports or information given to the diversion evaluation committee or the dental hygiene board regarding a licensee’s participation in the diversion program. (Amended by Stats. 2019, Ch. 456, Sec. 55. (SB 786) Effective January 1, 2020.)
  18. 19660.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A person must not hold or conduct a horse-racing meeting with betting unless a license under Article 4 has first been obtained; doing so is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. ) ## 19660. Any person who, without first having procured a license under Article 4 of this chapter, directly or indirectly holds or conducts any meeting where there is horse racing and betting on its results by the parimutuel method of wagering, or otherwise, is guilty of a misdemeanor. (Amended by Stats. 2000, Ch. 1082, Sec. 111. Effective January 1, 2001.)
  19. 19661.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    If a chapter violation has no other specified penalty, it is a misdemeanor; the board may also impose a civil monetary penalty up to $100,000 unless another penalty is expressly provided.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. ) ## 19661. (a) Any person who violates any of the provisions of this chapter for which a penalty is not herein expressly provided, is guilty of a misdemeanor. (b) Unless otherwise expressly provided, the board may impose a monetary penalty of not more than one hundred thousand dollars ($100,000) for a violation of any of the provisions of this chapter. (Amended by Stats. 2001, Ch. 933, Sec. 4. Effective January 1, 2002.)
  20. 19662.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    Betting on the results of a horse race is prohibited unless it is done through a parimutuel wagering method conducted by a licensed person under Article 4.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. ) ## 19662. Any person who bets upon the results of a horse race except by a parimutuel method of wagering conducted by a person licensed under Article 4 of this chapter is punishable as provided in the Penal Code. (Amended by Stats. 2000, Ch. 1082, Sec. 112. Effective January 1, 2001.)
  21. 19663.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A jockey, or someone acting for a jockey, must not try to make the State pay money into a fund when the State has no legal duty to contribute.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. ) ## 19663. It is unlawful for an individual performing services as a jockey, or any person representing or purporting to represent such individual, to compel or attempt to compel the State, while conducting horse racing, either directly itself or through a state agency or state instrumentality, to pay money into any fund to which it has no legal obligation to contribute. (Repealed and added by Stats. 1959, Ch. 1828.)
  22. 19664.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    It is unlawful to advertise horse-race prediction results for sale unless the California Horse Racing Board is notified in writing at least 3 hours before the race; using the board’s name to promote these activities is also prohibited.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. ) ## 19664. It is unlawful for any person, for the purpose of selling or offering to sell predictions on horse races, to advertise that he has predicted the outcome of any horse race which has been run in this state, unless such person has notified in writing the California Horse Racing Board, at any of its offices, of his predictions at least three hours prior to the race involved on forms prescribed by the board. No person shall advertise the fact that he has notified the board or use the name of the board in any way whatsoever to promote the activities described in this section. For the purposes of this section the term “advertise” includes the use of a newspaper, magazine or other publication, book notice, circular, pamphlet, letter, handbill, tip sheet, poster, bill, sign, placard, card, label, tag, window display, store sign, radio or television announcement, or any other means or methods now or hereafter employed to bring to the attention of the public information concerning the outcome of horse races. Nothing herein contained shall apply to any daily newspaper of general circulation which is regularly entered in the United States mail, or any other daily publication carrying complete past performances of horses entered in races, or to any regularly published magazine or periodical devoted to racing news, which magazine or periodical has been published for at least two years. Violation of this section is a misdemeanor. (Amended by Stats. 2000, Ch. 1082, Sec. 113. Effective January 1, 2001.)
  23. 19665.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board must make rules for certain horse sales and auction sales, and those rules must include regulation of medication or drugging of racehorses sold at those sales.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. ) ## 19665. The board shall establish such rules and regulations for horse sales or horse auction sales of racehorses or breeding stock that is used in the production of racehorses which are held or conducted on the premises of any racing association under the jurisdiction of the board as are reasonably necessary to provide the horses, owners, and general public with adequate protection. Such rules and regulations shall provide for regulation of the medication or drugging of racehorses sold at horse sales or horse auction sales as provided in this section. (Added by Stats. 1973, Ch. 1194.)
  24. 19666.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A person must not alter, counterfeit, or try to alter or counterfeit any parimutuel ticket.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. ) ## 19666. A person shall not alter or counterfeit, or attempt to alter or counterfeit, any parimutuel ticket. (Amended by Stats. 2011, Ch. 98, Sec. 3. (AB 280) Effective January 1, 2012.)
  25. 19667.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A person must not knowingly possess an altered, forged, or counterfeit parimutuel ticket.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. ) ## 19667. No person shall knowingly have in his possession any altered, forged, or counterfeit parimutuel ticket. (Added by Stats. 1974, Ch. 832.)
  26. 19668.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    It is unlawful for any person to enter or accept entry of a horse in a parimutuel race until two years after the horse’s foaling date.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 11. Penalties [19660 - 19668] ( Article 11 added by Stats. 1959, Ch. 1828. ) ## 19668. (a) On and after July 1, 1995, it shall be unlawful for any person to enter or accept the entry of a horse in a race upon which there is parimutuel wagering until two years after the horse’s foaling date. (b) Every person who violates this section is guilty of a misdemeanor. The board may suspend the license of any person who violates this section for a period of not more than one year. (Added by Stats. 1994, Ch. 617, Sec. 2. Effective January 1, 1995.)
  27. 1967.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.1. Registered Dental Hygienist in Alternative Practice Corporations [1967 - 1967.4] ( Article 9.1 added by Stats. 2015, Ch. 516, Sec. 2. )

    Verify source ↗

    A registered dental hygienist in alternative practice corporation may render professional services if it and related persons comply with the listed laws and regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.1. Registered Dental Hygienist in Alternative Practice Corporations [1967 - 1967.4] ( Article 9.1 added by Stats. 2015, Ch. 516, Sec. 2. ) ## 1967. A registered dental hygienist in alternative practice corporation is a professional corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that professional corporation and its shareholders, officers, directors, and professional employees rendering professional services are in compliance with the Moscone-Knox Professional Corporation Act (commencing with Section 13400) of Part 4 of Division 3 of Title 1 of the Corporations Code, this article, and all other statutes and regulations now or hereafter adopted pertaining to the professional corporation and the conduct of its affairs. With respect to a registered dental hygienist in alternative practice corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Dental Hygiene Board of California. (Amended by Stats. 2018, Ch. 858, Sec. 60. (SB 1482) Effective January 1, 2019.)
  28. 1967.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.1. Registered Dental Hygienist in Alternative Practice Corporations [1967 - 1967.4] ( Article 9.1 added by Stats. 2015, Ch. 516, Sec. 2. )

    Verify source ↗

    Licensed persons under this article must not violate, attempt to violate, or help others violate this article, the Moscone-Knox Professional Corporation Act, or regulations adopted under those laws.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.1. Registered Dental Hygienist in Alternative Practice Corporations [1967 - 1967.4] ( Article 9.1 added by Stats. 2015, Ch. 516, Sec. 2. ) ## 1967.1. It shall constitute unprofessional conduct and a violation of this article for any person licensed under this article to violate, attempt to violate, directly or indirectly, assist in or abet the violation of, or conspire to violate any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws. (Added by Stats. 2015, Ch. 516, Sec. 2. (AB 502) Effective January 1, 2016.)
  29. 1967.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.1. Registered Dental Hygienist in Alternative Practice Corporations [1967 - 1967.4] ( Article 9.1 added by Stats. 2015, Ch. 516, Sec. 2. )

    Verify source ↗

    A licensee working in a registered dental hygienist in alternative practice corporation must stay within the scope of their license and follow all applicable licensure rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.1. Registered Dental Hygienist in Alternative Practice Corporations [1967 - 1967.4] ( Article 9.1 added by Stats. 2015, Ch. 516, Sec. 2. ) ## 1967.2. A licensee employed by, or practicing in, a registered dental hygienist in alternative practice corporation pursuant to Section 13401.5 of the Corporations Code shall practice within the scope of their license and shall be subject to all applicable licensure provisions in their respective practice act. (Added by Stats. 2015, Ch. 516, Sec. 2. (AB 502) Effective January 1, 2016.)
  30. 1967.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.1. Registered Dental Hygienist in Alternative Practice Corporations [1967 - 1967.4] ( Article 9.1 added by Stats. 2015, Ch. 516, Sec. 2. )

    Verify source ↗

    A registered dental hygienist in alternative practice corporation may not let income from services performed while a shareholder is a disqualified person benefit that shareholder or the shareholder’s shares.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.1. Registered Dental Hygienist in Alternative Practice Corporations [1967 - 1967.4] ( Article 9.1 added by Stats. 2015, Ch. 516, Sec. 2. ) ## 1967.3. The income of a registered dental hygienist in alternative practice corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in subdivision (e) of Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of such shareholder or his or her shares in the registered dental hygienist in alternative practice corporation. (Added by Stats. 2015, Ch. 516, Sec. 2. (AB 502) Effective January 1, 2016.)
  31. 1967.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.1. Registered Dental Hygienist in Alternative Practice Corporations [1967 - 1967.4] ( Article 9.1 added by Stats. 2015, Ch. 516, Sec. 2. )

    Verify source ↗

    A registered dental hygienist in alternative practice corporation must put a stock-sale rule in its bylaws and must provide adequate security for patient claims.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.1. Registered Dental Hygienist in Alternative Practice Corporations [1967 - 1967.4] ( Article 9.1 added by Stats. 2015, Ch. 516, Sec. 2. ) ## 1967.4. (a) The bylaws of a registered dental hygienist in alternative practice corporation shall include a provision whereby the capital stock of the professional corporation owned by a disqualified person, as defined in subdivision (e) of Section 13401 of the Corporations Code, or a deceased person, shall be sold to the professional corporation or to the remaining shareholders of the professional corporation not later than 90 days after disqualification, if the shareholder becomes a disqualified person, or not later than six months after death, if the shareholder becomes deceased. (b) A registered dental hygienist in alternative practice corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. (Added by Stats. 2015, Ch. 516, Sec. 2. (AB 502) Effective January 1, 2016.)
  32. 1970.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. )

    Verify source ↗

    The Dental Board of California has a Dental Corps Loan Repayment Program, and the program becomes operative on January 1, 2003.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. ) ## 1970. There is hereby established in the Dental Board of California the Dental Corps Loan Repayment Program of 2002, which shall become operative on January 1, 2003. This program shall be known and may be cited as the California Dental Corps Loan Repayment Program. (Amended by Stats. 2016, Ch. 575, Sec. 1. (AB 2485) Effective September 24, 2016.)
  33. 1970.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. )

    Verify source ↗

    This section states that the Dental Board of California is intended to implement the California Dental Corps Loan Repayment Program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. ) ## 1970.5. It is the intent of this article that the Dental Board of California implement the California Dental Corps Loan Repayment Program. (Amended by Stats. 2016, Ch. 575, Sec. 2. (AB 2485) Effective September 24, 2016.)
  34. 19700.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4.5. Mule Racing [19700 - 19705] ( Chapter 4.5 added by Stats. 1977, Ch. 366. )

    Verify source ↗

    In this chapter, “Board” means the California Horse Racing Board.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4.5. Mule Racing [19700 - 19705] ( Chapter 4.5 added by Stats. 1977, Ch. 366. ) ## 19700. “Board” as used in this chapter means the California Horse Racing Board. (Added by Stats. 1977, Ch. 366.)
  35. 19701.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4.5. Mule Racing [19700 - 19705] ( Chapter 4.5 added by Stats. 1977, Ch. 366. )

    Verify source ↗

    Any fair may conduct a mule racing meeting or mule races, despite any other law.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4.5. Mule Racing [19700 - 19705] ( Chapter 4.5 added by Stats. 1977, Ch. 366. ) ## 19701. Notwithstanding any other provision of law, a mule racing meeting or mule races may be conducted by any fair. (Amended by Stats. 2002, Ch. 872, Sec. 3. Effective January 1, 2003.)
  36. 19702.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4.5. Mule Racing [19700 - 19705] ( Chapter 4.5 added by Stats. 1977, Ch. 366. )

    Verify source ↗

    The board must administer this chapter and issue licenses for mule racing meetings or mule races.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4.5. Mule Racing [19700 - 19705] ( Chapter 4.5 added by Stats. 1977, Ch. 366. ) ## 19702. The board shall administer this chapter and shall issue a license for the conducting of a mule racing meeting or mule races. (Amended by Stats. 1994, Ch. 317, Sec. 1. Effective August 22, 1994.)
  37. 19703.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4.5. Mule Racing [19700 - 19705] ( Chapter 4.5 added by Stats. 1977, Ch. 366. )

    Verify source ↗

    The board must adopt rules for mule racing and wagering, working with American Mule Association representatives.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4.5. Mule Racing [19700 - 19705] ( Chapter 4.5 added by Stats. 1977, Ch. 366. ) ## 19703. The board, in cooperation with American Mule Association representatives, shall adopt rules governing, permitting, and regulating mule racing and wagering on the races under the parimutuel system. Such wagering shall be conducted only by a person licensed under this chapter to conduct a mule racing meeting, and only within the inclosure, and on the dates for which mule racing has been authorized. (Amended by Stats. 1981, Ch. 1133, Sec. 2.)
  38. 19704.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4.5. Mule Racing [19700 - 19705] ( Chapter 4.5 added by Stats. 1977, Ch. 366. )

    Verify source ↗

    The board must issue licenses for owners, trainers, jockeys, and other participants in mule racing, and those licenses are limited to mule races only.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4.5. Mule Racing [19700 - 19705] ( Chapter 4.5 added by Stats. 1977, Ch. 366. ) ## 19704. The board shall issue a license for owners, trainers, jockeys, and other participants in mule racing. The license shall be limited to mule races only. (Amended by Stats. 1981, Ch. 1133, Sec. 3.)
  39. 19705.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4.5. Mule Racing [19700 - 19705] ( Chapter 4.5 added by Stats. 1977, Ch. 366. )

    Verify source ↗

    Licensed associations must deduct specified fees, commissions, and purses at the same percentages used in Article 9.5, and may also deduct up to an extra 3% from multiple wagering pools.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4.5. Mule Racing [19700 - 19705] ( Chapter 4.5 added by Stats. 1977, Ch. 366. ) ## 19705. Associations licensed pursuant to this chapter shall deduct the applicable license fees, commissions, and purses in the same percentages as provided for in Article 9.5 (commencing with Section 19610) of Chapter 4. Associations may also deduct an additional amount of up to 3 percent on multiple wagering pools in the same manner as provided for by Section 19614.2. (Amended by Stats. 1994, Ch. 317, Sec. 2. Effective August 22, 1994.)
  40. 1971.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. )

    Verify source ↗

    This section defines key terms used in the California Dental Corps Loan Repayment Program.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. ) ## 1971. As used in this article: (a) “Account” means the Dentally Underserved Account established in Section 1973, which is contained within the fund. (b) “Board” means the Dental Board of California. (c) “Dentally underserved area” means a geographic area eligible to be designated as having a shortage of dental professionals pursuant to Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state in which unmet priority needs for dentists exist as determined by the California Healthcare Workforce Policy Commission pursuant to Section 128224 of the Health and Safety Code. (d) “Dentally underserved population” means persons without dental insurance and persons eligible for Denti-Cal who are population groups described as having a shortage of dental care professionals in Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations. (e) “Fund” means the State Dentistry Fund. (f) “Medi-Cal threshold languages” means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000 eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes. (g) “Program” means the California Dental Corps Loan Repayment Program. (h) “Practice setting” means either of the following: (1) A community clinic, as defined in subdivision (a) of Section 1204 and subdivision (c) of Section 1206 of the Health and Safety Code, a clinic owned or operated by a public hospital and health system, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fulfill the county’s role pursuant to Section 17000 of the Welfare and Institutions Code that is located in a dentally underserved area or at least 50 percent of whose patients are from a dentally underserved population. (2) A dental practice or dental corporation, as defined in Section 1800, located in a dentally underserved area or at least 50 percent of whose patients are from a dentally underserved population. (Repealed and added by Stats. 2016, Ch. 575, Sec. 4. (AB 2485) Effective September 24, 2016.)
  41. 1972.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. )

    Verify source ↗

    Applicants must meet licensing or graduation eligibility rules, submit detailed applications and reports, and selected participants must work full time and complete a three-year service commitment.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. ) ## 1972. (a) (1) A program applicant shall possess a current valid license to practice dentistry in this state issued by the board pursuant to Section 1626, or be currently eligible for graduation from a predoctoral or postdoctoral dental education program approved by the Commission on Dental Accreditation or the board and meet all criteria for licensure, subject to successful completion of applicable education and examination requirements. (2) An applicant shall submit a completed application provided by the board that shall include, but is not limited to, documentation detailing current loan obligations from any government or commercial lender obtained for purposes of financing tuition or fees at a dental school approved by the Commission on Dental Accreditation or the board. Documentation shall contain the applicant’s account number and the lender’s contact information, as well as current balance owing and monthly installment plan details, if applicable. (3) An application shall include disclosure of any and all obligations for which the applicant has defaulted or been subject to a judgment lien within the last 10 years, and explanations for each default or judgment lien disclosed. (4) An applicant, if selected to receive a repayment grant, shall sign an agreement with the board to maintain qualified employment for 36 months continuously, and that the qualified employment meets or once commenced will meet the minimum requirements of the program regarding practice setting, and clinical hours worked. (5) An applicant shall also agree to provide an annual progress report, signed by both the applicant and employer or employer’s designee. A progress report shall verify the practice setting’s qualified status, clinical hours worked by the applicant, number of patients treated, specific treatment rendered and its value, and patient’s payer source. (b) The board, in selecting a participant for the program, shall give priority consideration to an applicant who is best suited to meet the cultural and linguistic needs and demands of dentally underserved populations by demonstrating experience in one or more of the following areas: (1) Speaks one or more Medi-Cal threshold languages. (2) Comes from an economically disadvantaged background with economic, social, or other circumstances. (3) Has worked in a health field in an underserved area or with an underserved population. (4) Is a dentist specialist recognized by the American Dental Association or has met all eligibility requirements to graduate from a dental specialty residency program approved by the Commission on Dental Accreditation. (5) Has completed an extramural program or rotation during dental school or postgraduate education in which the applicant provided services to a population that speaks any Medi-Cal threshold language. (c) The practice setting shall meet one or both of the following criteria: (1) The practice setting shall be located in a dentally underserved area. (2) The practice setting shall ensure that the program participant serves a patient population that consists of at least 50 percent dentally underserved populations. (d) A program applicant shall be working in, or have a signed agreement for future employment with, an eligible practice setting. The program participant shall be employed on a full-time basis. “Full-time basis” means 30 hours of clinical hands-on care per week, for no less than 45 weeks per year, except as provided for during customary holidays, personal or family illness, and vacation time as described in a separate employment agreement between the recipient and the practice setting. Upon 30-day notice to the board, the board shall grant an extended leave of absence period for serious illness, pregnancy, or other natural cause. The board may establish other exemptions to the minimum time requirements of this subdivision on a case-by-case basis. (e) A program participant shall commit to a minimum of three years of service in one or more eligible practice settings. Loan repayment or grant disbursement shall be deferred until the dentist is employed on a full-time basis. (f) The board may coordinate with local and statewide trade and professional dental organizations, as well as educational institutions, for outreach to potentially eligible applicants. (g) The board shall develop a process for a program participant’s repayment of loans or grants disbursed in the event that the participant is terminated prior to completion of, or is otherwise unable to complete, his or her three years of service obligation. Cause for termination includes, but is not limited to, the following: (1) Recipient’s termination of full-time, qualified employment. (2) Recipient’s failure to maintain his or her professional license in good standing. (3) Recipient’s failure to comply with any other term or condition of this article. (h) The board may adopt any other standards of eligibility, placement, and termination appropriate to achieve the aim of providing competent dental services in these approved practice settings. (Repealed and added by Stats. 2016, Ch. 575, Sec. 6. (AB 2485) Effective September 24, 2016.)
  42. 1973.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. )

    Verify source ↗

    This section creates the Dentally Underserved Account, sets funding transfers and uses, and limits loan repayment amounts for dentists.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. ) ## 1973. (a) The Dentally Underserved Account is hereby created in the State Dentistry Fund. (b) The sum of three million dollars ($3,000,000) is hereby authorized to be expended from the State Dentistry Fund on this program. These moneys are appropriated as follows: (1) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2003. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2003–04 fiscal year for operating expenses necessary to manage this program. (2) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2004. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2004–05 fiscal year for operating expenses necessary to manage this program. (3) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2005. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2005–06 fiscal year for operating expenses necessary to manage this program. (c) Funds placed into the account shall be used by the board to repay the loans per agreements made with dentists. (1) Funds paid out for loan repayment may have a funding match from foundation or other private sources. (2) Loan repayments shall not exceed one hundred five thousand dollars ($105,000) per individual licensed dentist. (3) Loan repayments shall not exceed the amount of the educational loans incurred by the dentist applicant. (d) Notwithstanding Section 11005 of the Government Code, the board may seek and receive matching funds from foundations and private sources to be placed into the account. The board also may contract with an exempt foundation for the receipt of matching funds to be transferred to the account for use by this program. (e) Funds in the account appropriated in subdivision (b) or received pursuant to subdivision (d) are continuously appropriated for the repayment of loans per agreements made between the board and the dentists. (f) On or after July 1, 2010, the board shall extend the program and distribute the moneys remaining in the account until all the moneys in the account are expended. (Amended by Stats. 2016, Ch. 575, Sec. 7. (AB 2485) Effective September 24, 2016.)
  43. 1975.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. )

    Verify source ↗

    The board must pay loan repayment funds to selected program participants who will serve as dentists, in yearly installments for three years, subject to a maximum of $105,000 or the loan balance, whichever is less.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. ) ## 1975. The terms of loan repayment granted under this article shall be as follows: (a) After a program participant has been selected by the board to provide services as a dentist in the program, the board shall provide thirty-five thousand dollars ($35,000) for loan repayment annually, for three years, to reach a total of one hundred five thousand dollars ($105,000), or the total amount of the loan, whichever is the lesser amount. (b) The initial disbursement of funds shall be made within 30 days from execution of a program agreement between the board and the recipient directly from the board to the qualified lender selected by the recipient, to be credited to the recipient’s account. (c) Subsequent disbursements in sums equal to the initial disbursement, but not equaling more than the total amount owed by the recipient, shall be made within 30 days of months 13 and 25 of the recipient’s participation in the program. (Repealed and added by Stats. 2016, Ch. 575, Sec. 9. (AB 2485) Effective September 24, 2016.)
  44. 1976.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. )

    Verify source ↗

    The board must report to the Legislature during its sunset review period about the program’s experience, effectiveness, and recommendations, and include specified program details.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9.5. California Dental Corps Loan Repayment Program [1970 - 1976] ( Article 9.5 added by Stats. 2002, Ch. 1131, Sec. 3. ) ## 1976. (a) The board shall report to the Legislature, during its sunset review period, the experience of the program since its inception, an evaluation of its effectiveness in improving access to dental care for underserved populations, and recommendations for maintaining or expanding its operation. The report to the Legislature shall also include the following: (1) The number of program participants. (2) The practice locations. (3) The amount expended for the program. (4) The information on annual progress reports by program participants. (b) The report to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2016, Ch. 575, Sec. 10. (AB 2485) Effective September 24, 2016.)
  45. 19800.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    This chapter is known as the “Gambling Control Act.”

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19800. This chapter shall be known, and may be cited, as the “Gambling Control Act.” (Repealed and added by Stats. 1997, Ch. 867, Sec. 3. Effective January 1, 1998.)
  46. 19801.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    This section says California intends to strictly regulate lawful gambling, license key gambling actors and establishments, keep licensed gambling open to the public, and limit new gambling establishments in certain places unless voters approve.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19801. The Legislature hereby finds and declares all of the following: (a) State law prohibits commercially operated lotteries, banked or percentage games, and gambling machines, and strictly regulates parimutuel wagering on horse racing. To the extent that state law categorically prohibits certain forms of gambling and prohibits gambling devices, nothing herein shall be construed, in any manner, to reflect a legislative intent to relax those prohibitions. (b) The State of California has permitted the operation of gambling establishments for more than 100 years. Gambling establishments were first regulated by the State of California pursuant to legislation which was enacted in 1984. Gambling establishments currently employ more than 20,000 people in the State of California, and contribute more than one hundred million dollars ($100,000,000) in taxes and fees to California’s government. Gambling establishments are lawful enterprises in the State of California, and are entitled to full protection of the laws of this state. (c) Gambling can become addictive and is not an activity to be promoted or legitimized as entertainment for children and families. (d) Unregulated gambling enterprises are inimical to the public health, safety, welfare, and good order. Accordingly, no person in this state has a right to operate a gambling enterprise except as may be expressly permitted by the laws of this state and by the ordinances of local governmental bodies. (e) It is the policy of this state that gambling activities that are not expressly prohibited or regulated by state law may be prohibited or regulated by local government. Moreover, it is the policy of this state that no new gambling establishment may be opened in a city, county, or city and county in which a gambling establishment was not operating on and before January 1, 1984, except upon the affirmative vote of the electors of that city, county, or city and county. (f) It is not the purpose of this chapter to expand opportunities for gambling, or to create any right to operate a gambling enterprise in this state or to have a financial interest in any gambling enterprise. Rather, it is the purpose of this chapter to regulate businesses that offer otherwise lawful forms of gambling games. (g) Public trust that permissible gambling will not endanger public health, safety, or welfare requires that comprehensive measures be enacted to ensure that gambling is free from criminal and corruptive elements, that it is conducted honestly and competitively, and that it is conducted in suitable locations. (h) Public trust and confidence can only be maintained by strict and comprehensive regulation of all persons, locations, practices, associations, and activities related to the operation of lawful gambling establishments and the manufacture and distribution of permissible gambling equipment. (i) All gambling operations, all persons having a significant involvement in gambling operations, all establishments where gambling is conducted, and all manufacturers, sellers, and distributors of gambling equipment must be licensed and regulated to protect the public health, safety, and general welfare of the residents of this state as an exercise of the police powers of the state. (j) To ensure that gambling is conducted honestly, competitively, and free of criminal and corruptive elements, all licensed gambling establishments in this state must remain open to the general public and the access of the general public to licensed gambling activities must not be restricted in any manner, except as provided by the Legislature. However, subject to state and federal prohibitions against discrimination, nothing herein shall be construed to preclude exclusion of unsuitable persons from licensed gambling establishments in the exercise of reasonable business judgment. (k) In order to effectuate state policy as declared herein, it is necessary that gambling establishments, activities, and equipment be licensed, that persons participating in those activities be licensed or registered, that certain transactions, events, and processes involving gambling establishments and owners of gambling establishments be subject to prior approval or permission, that unsuitable persons not be permitted to associate with gambling activities or gambling establishments, and that gambling activities take place only in suitable locations. Any license or permit issued, or other approval granted pursuant to this chapter, is declared to be a revocable privilege, and no holder acquires any vested right therein or thereunder. (l) The location of lawful gambling premises, the hours of operation of those premises, the number of tables permitted in those premises, and wagering limits in permissible games conducted in those premises are proper subjects for regulation by local governmental bodies. However, consideration of those same subjects by a state regulatory agency, as specified in this chapter, is warranted when local governmental regulation respecting those subjects is inadequate or the regulation fails to safeguard the legitimate interests of residents in other governmental jurisdictions. (m) The exclusion or ejection of certain persons from gambling establishments is necessary to effectuate the policies of this chapter and to maintain effectively the strict regulation of licensed gambling. (n) Records and reports of cash and credit transactions involving gambling establishments may have a high degree of usefulness in criminal and regulatory investigations and, therefore, licensed gambling operators may be required to keep records and make reports concerning significant cash and credit transactions. (Amended by Stats. 2007, Ch. 438, Sec. 1. Effective January 1, 2008.)
  47. 19802.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The section says gambling equipment and device regulation should include several safeguards, such as a funded gambling control commission, state law enforcement capacity, licensing rules, standards, and inspection and testing provisions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19802. The Legislature further finds and declares as follows: Appropriate regulation of banking and percentage games or of gambling devices consistent with public safety and welfare would require, at a minimum, all of the following safeguards: (a) The creation of an adequately funded gambling control commission with comprehensive powers to establish minimum standards and technical specifications for gambling equipment and devices. (b) The creation of an adequately funded law enforcement capability within state government to inspect, test, and evaluate gambling equipment and devices and modifications thereto. (c) An appropriation by the Legislature to sufficiently fund a full-time commission and law enforcement capability with responsibilities commensurate with the expanded scope of gambling. (d) The enactment of necessary regulations setting forth standards and procedures for the licensing of persons connected with the manufacture, sale, and distribution of equipment and devices in this state. (e) The enactment of standards related to the trustworthiness and fairness of equipment and devices, upon the commission’s recommendation to the Legislature. (f) The enactment of statutory provisions governing the importation, transportation, sale, and disposal of equipment and devices, upon the commission’s recommendation to the Legislature. (g) The enactment of statutes providing for appropriate inspection and testing of equipment and devices, upon the commission’s recommendation to the Legislature. (Added by renumbering Section 19801.2 by Stats. 2002, Ch. 738, Sec. 1. Effective January 1, 2003.)
  48. 19803.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    This section says the chapter sets minimum statewide standards for lawful gambling, while local governments may still ban gambling, impose stricter local rules, inspect gambling premises, and levy local taxes or license fees if not inconsistent with the chapter.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19803. (a) It is the intent of the Legislature, in enacting this chapter, to provide uniform, minimum standards of regulation of permissible gambling activities and the operation of lawful gambling establishments. (b) Nothing in this chapter shall be construed to preclude any city, county, or city and county from prohibiting any gambling activity, from imposing more stringent local controls or conditions upon gambling than are imposed by this chapter or by the commission, from inspecting gambling premises to enforce applicable state and local laws, or from imposing any local tax or license fee, if the prohibition, control, condition, inspection, tax, or fee is not inconsistent with this chapter. Nothing in this chapter shall be construed to affect the responsibility of local law enforcement agencies to enforce the laws of this state, including this chapter. (Added by renumbering Section 19802 by Stats. 2002, Ch. 738, Sec. 2. Effective January 1, 2003.)
  49. 19804.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    This section limits when courts may issue injunctions or writs in gambling-control cases, and it requires the filing party to send the pleading to the department and commission within 10 business days.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19804. (a) In any action for declaratory or injunctive relief, or for relief by way of any extraordinary writ, other than an action initiated pursuant to Section 19932, wherein the construction, application, or enforcement of this chapter, or any regulation adopted pursuant thereto, or any order of the department or the commission issued pursuant thereto, is called into question, a court shall not grant any preliminary or permanent injunction, or any peremptory writ of mandate, certiorari, or prohibition, in connection therewith, except as follows: (1) Upon proof by clear and convincing evidence that the department or the commission is abusing or threatens to abuse its discretion. (2) Upon proof by clear and convincing evidence that the department or the commission is exceeding or threatens to exceed its jurisdiction. (b) No temporary injunction or other provisional order shall issue to restrain, stay, or otherwise interfere with any action by the department or the commission, except upon a finding by the court, based on clear and convincing evidence, that the public interest will not be prejudiced thereby, and, except for preliminary injunctions, no order may be effective for more than 15 calendar days, except by stipulation of the department or commission. No preliminary order may be effective for more than 45 days, except by stipulation of the department or commission. (c) This section does not relieve a petitioner’s obligation to exhaust administrative remedies. (d) In an action for relief of any nature wherein the construction, application, or enforcement of this chapter, or any regulation adopted pursuant thereto, or any order of the department or commission issued pursuant thereto, is called into question, the party filing the pleading shall furnish a copy thereof to the department and to the commission. The copy shall be furnished by the party filing the pleading within 10 business days after filing. (e) This section does not apply to an action for declaratory or injunctive relief authorized by Section 98020 of the Government Code. (Amended by Stats. 2024, Ch. 860, Sec. 3. (SB 549) Effective January 1, 2025.)
  50. 19805.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    This section defines many gambling terms and says the house must not occupy the player-dealer position.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19805. As used in this chapter, the following definitions apply: (a) “Affiliate” means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, a specified person. (b) “Applicant” means a person who has applied for a state gambling license, a key employee license, a registration, a finding of suitability, a work permit, a manufacturer’s or distributor’s license, or an approval of any act or transaction for which the approval or authorization of the commission or department is required or permitted under this chapter. (c) “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 house, 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 department finds that the rules of the game render the maintenance of or operation of a bank impossible by other means. The house shall not occupy the player-dealer position. (d) “Chief” means the head of the entity within the department that is responsible for fulfilling the obligations imposed upon the department by this chapter. (e) “Commission” means the California Gambling Control Commission. (f) “Controlled gambling” means to deal, operate, carry on, conduct, maintain, or expose for play any controlled game. (g) “Controlled game” means any controlled game, as defined by subdivision (e) of Section 337j of the Penal Code. (h) “Department” means the Department of Justice. (i) “Director” means a director of a corporation or a person performing similar functions with respect to any organization. (j) “Finding of suitability” means a finding that a person meets the qualification criteria described in subdivisions (a) and (b) of Section 19857, and that the person would not be disqualified from holding a state gambling license on any of the grounds specified in Section 19859. (k) “Game” and “gambling game” means a controlled game. (l) “Gambling” means to deal, operate, carry on, conduct, maintain, or expose for play a controlled game. (m) “Gambling enterprise” means a natural person or an entity, whether individual, corporate, or otherwise, that conducts a gambling operation and that by virtue is required to hold a state gambling license under this chapter. (n) “Gambling enterprise employee” means a natural person employed in the operation of a gambling enterprise, including, without limitation, dealers, floor personnel, security employees, countroom personnel, cage personnel, collection personnel, surveillance personnel, data-processing personnel, appropriate maintenance personnel, waiters and waitresses, and secretaries, or any other natural person whose employment duties require or authorize access to restricted gambling establishment areas. “Gambling enterprise employee” does not include a natural person employed solely to serve or prepare food or beverages if those duties are performed only in areas of the establishment in which gambling is not conducted. (o) “Gambling establishment,” “establishment,” or “licensed premises,” except as otherwise defined in Section 19812, means one or more rooms where a controlled gambling or activity directly related to controlled gambling occurs. (p) “Gambling license” or “state gambling license” means a license issued by the state that authorizes the person named therein to conduct a gambling operation. (q) “Gambling operation” means exposing for play one or more controlled games that are dealt, operated, carried on, conducted, or maintained for commercial gain. (r) “Gross revenue” means the total of all compensation received for conducting any controlled game, and includes interest received in payment for credit extended by an owner licensee to a patron for purposes of gambling, except as provided by regulation. (s) “Hours of operation” means the period during which a gambling establishment is open to conduct the play of controlled games within a 24-hour period. In determining whether there has been expansion of gambling relating to “hours of operation,” the department shall consider the hours in the day when the local ordinance permitted the gambling establishment to be open for business on January 1, 1996, and compare the current ordinance and the hours during which the gambling establishment may be open for business. The fact that the ordinance was amended to permit gambling on a day, when gambling was not permitted on January 1, 1996, shall not be considered in determining whether there has been gambling in excess of that permitted by Section 19961. (t) “House” means the gambling enterprise, and any owner, shareholder, partner, key employee, or landlord thereof. (u) “Independent agent,” except as provided by regulation, means a person who does either of the following: (1) Collects debt evidenced by a credit instrument. (2) Contracts with an owner licensee, or an affiliate thereof, to provide services consisting of arranging transportation or lodging for guests at a gambling establishment. (v) “Initial license” means the license first issued to a person authorizing that person to commence the activities authorized by that license. (w) “Institutional investor” means a retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees, an investment company registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.), a collective investment trust organized by banks under Part 9 of the Rules of the Comptroller of the Currency, a closed-end investment trust, a chartered or licensed life insurance company or property and casualty insurance company, a banking and other chartered or licensed lending institution, an investment adviser registered under the Investment Advisers Act of 1940 (15 U.S.C. Sec. 80b-1 et seq.) acting in that capacity, and other persons as the commission may determine for reasons consistent with the policies of this chapter. (x) “Key employee” means a natural person employed in the operation of a gambling enterprise in a supervisory capacity or empowered to make discretionary decisions that regulate gambling operations, including, without limitation, pit bosses, shift bosses, credit executives, cashier operations supervisors, gambling operation managers and assistant managers, managers or supervisors of security employees, or any other natural person designated as a key employee by the department for reasons consistent with the policies of this chapter. “Key employee” does not include a natural person who is employed solely to supervise employees whose duties are solely to serve or prepare food or beverages if the supervisor and the employees perform their duties only in areas of the establishment in which gambling is not conducted. (y) “Key employee license” means a state license authorizing the holder to be employed as a key employee. (z) “License” means a gambling license, key employee license, or any other license issued by the commission pursuant to this chapter or regulations adopted pursuant to this chapter. (aa) “Licensed gambling establishment” means the gambling premises encompassed by a state gambling license. (ab) “Limited partnership” means a partnership formed by two or more persons having as members one or more general partners and one or more limited partners. (ac) “Limited partnership interest” means the right of a general or limited partner to any of the following: (1) To receive from a limited partnership any of the following: (A) A share of the revenue. (B) Any other compensation by way of income. (C) A return of any or all of the partner’s contribution to capital of the limited partnership. (2) To exercise any of the rights provided under state law. (ad) “Owner licensee” means an owner of a gambling enterprise who holds a state gambling license. (ae) “Person,” unless otherwise indicated, includes a natural person, corporation, partnership, limited partnership, trust, joint venture, association, or any other business organization. (af) “Player” means a patron of a gambling establishment who participates in a controlled game. (ag) “Player-dealer” and “controlled game featuring a player-dealer position” refer to a position in a controlled game, as defined by the approved rules for that game, in which seated player participants are afforded the temporary opportunity to wager against multiple players at the same table, provided that this position is rotated amongst the other seated players in the game. (ah) “Publicly traded racing association” means a corporation licensed to conduct horse racing and simulcast wagering pursuant to Chapter 4 (commencing with Section 19400) whose stock is publicly traded. (ai) “Qualified racing association” means a corporation licensed to conduct horse racing and simulcast wagering pursuant to Chapter 4 (commencing with Section 19400) that is a wholly owned subsidiary of a corporation whose stock is publicly traded. (aj) “Renewal license” means the license issued to the holder of an initial license that authorizes the license to continue beyond the expiration date of the initial license. (ak) “Work permit” means any card, certificate, or permit issued by the commission, or by a county, city, or city and county, whether denominated as a work permit, registration card, or otherwise, authorizing the holder to be employed as a gambling enterprise employee or to serve as an independent agent. A document issued by any governmental authority for any employment other than gambling is not a valid work permit for the purposes of this chapter. (Amended by Stats. 2023, Ch. 79, Sec. 1. (SB 884) Effective January 1, 2024.)
  51. 19806.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. )

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    This section says the chapter does not authorize conduct that is unlawful under specified Penal Code provisions or any local ordinance.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19806. Nothing in this chapter shall be construed in any way to permit or authorize any conduct made unlawful by Chapter 9 (commencing with Section 319) of, or Chapter 10 (commencing with Section 330) of, Title 9 of Part 1 of the Penal Code, or any local ordinance. (Repealed and added by Stats. 1997, Ch. 867, Sec. 3. Effective January 1, 1998.)
  52. 19807.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. )

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    For certain proceedings involving the department or commission, venue must be in Sacramento, San Francisco, Los Angeles, or San Diego unless this chapter provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 1. General Provisions [19800 - 19807] ( Article 1 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19807. Except as otherwise provided in this chapter, whenever the department or commission is a defendant or respondent in any proceeding, or when there is any legal challenge to regulations issued by the commission or department, venue for the proceeding shall be in the County of Sacramento, the City and County of San Francisco, the County of Los Angeles, or the County of San Diego. (Amended by Stats. 2007, Ch. 176, Sec. 4. Effective August 24, 2007.)
  53. 19810.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

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    The Attorney General may exercise the department’s powers and authority, and may delegate that exercise to another person, unless this chapter provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19810. Except as otherwise provided in this chapter, any power or authority of the department described in this chapter may be exercised by the Attorney General or any other person as the Attorney General may delegate. (Amended by Stats. 2007, Ch. 176, Sec. 5. Effective August 24, 2007.)
  54. 19811.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

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    The California Gambling Control Commission is established in state government, with five governor-appointed members subject to Senate confirmation, and it has the former board’s powers plus jurisdiction and supervision over gambling establishments and related persons or things.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19811. (a) There is in state government the California Gambling Control Commission, consisting of five members appointed by the Governor, subject to confirmation by the Senate. The California Gambling Control Commission shall succeed to all of the powers of the former California Gambling Control Board. (b) Jurisdiction, including jurisdiction over operation and concentration, and supervision over gambling establishments in this state and over all persons or things having to do with the operations of gambling establishments is vested in the commission. (Added by renumbering Section 19810A by Stats. 2002, Ch. 738, Sec. 8. Effective January 1, 2003.)
  55. 19812.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

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    Commission members must be U.S. citizens and California residents, and certain people are barred from appointment.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19812. (a) Each member of the commission shall be a citizen of the United States and a resident of this state. (b) No Member of the Legislature, no person holding any elective office in state, county, or local government, and no officer or official of any political party is eligible for appointment to the commission. (c) No more than three of the five members of the commission shall be members of the same political party. (d) A person is ineligible for appointment to the commission if, within two years prior to appointment, the person, or any partnership or corporation in which the person is a principal, was employed by, retained by, or derived substantial income from, any gambling establishment. For the purposes of this subdivision, “gambling establishment” means one or more rooms wherein any gaming within the meaning of Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code, or any controlled game within the meaning of Section 337j of the Penal Code, is conducted, whether or not the activity occurred in California. (e) One member of the commission shall be a certified public accountant or a person with experience in banking or finance, one member shall be an attorney and a member of the State Bar of California with regulatory law experience, one member shall have a background in law enforcement and criminal investigation, one member shall have a background in business with at least five years of business experience or alternatively five years of governmental experience, and one member shall be from the public at large. (Amended by Stats. 2006, Ch. 854, Sec. 2. Effective January 1, 2007.)
  56. 19813.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

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    The Governor appoints commission members, designates a chairperson, fills vacancies within 60 days, and may remove members for cause after notice and a hearing opportunity.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19813. (a) Of the members initially appointed, two shall be appointed for a term of two years, two shall be appointed for a term of three years, and one shall be appointed for a term of four years. After the initial terms, the term of office of each member of the commission is four years. (b) The Governor shall appoint the members of the commission, subject to confirmation by the Senate, and shall designate one member to serve as chairperson. The initial appointments shall be made within three months of the operative date of this section. Thereafter, vacancies shall be filled within 60 days of the date of the vacancy by the Governor, subject to confirmation by the Senate. (c) The Governor may remove any member of the commission for incompetence, neglect of duty, or corruption upon first giving him or her a copy of the charges and an opportunity to be heard. (Added by renumbering Section 19812A by Stats. 2002, Ch. 738, Sec. 10. Effective January 1, 2003.)
  57. 19814.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

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    Commission members may not do any other business, vocation, or employment while in office, and the chief and each member must take the oath of office and swear they are not, and will not be, financially interested in or doing business with gambling license holders.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19814. (a) During their terms of office, the members of the commission shall not engage in any other business, vocation, or employment. (b) Before entering upon the duties of his or her office, the chief and each member of the commission shall subscribe to the constitutional oath of office and, in addition, swear that he or she is not, and during his or her term of office shall not be, pecuniarily interested in, or doing business with, any person, business, or organization holding a gambling license. (Amended by Stats. 2007, Ch. 176, Sec. 6. Effective August 24, 2007.)
  58. 19815.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

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    Commission members and the commission chairperson are entitled to the salaries set by the referenced Government Code sections.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19815. (a) The members of the commission shall receive the salary provided for by Section 11553.5 of the Government Code. (b) The chairperson of the commission shall receive the salary provided for by Section 11553 of the Government Code. (Added by renumbering Section 19814A by Stats. 2002, Ch. 738, Sec. 12. Effective January 1, 2003.)
  59. 19816.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

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    The commission must have an executive director, and may appoint other staff. A person cannot be appointed executive director or deputy executive director if they, or a business they control, were tied to a gambling establishment in the two years before appointment.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19816. (a) The commission shall have an executive director appointed by the commission. A person is ineligible for appointment as executive director or deputy executive director if, within two years prior to appointment, the person, or any partnership or corporation in which the person is a principal, was employed by, retained by, or derived substantial income from, any gambling establishment, whether or not a controlled gambling establishment. (b) The executive director shall receive the annual salary established by the commission and approved by the Department of Human Resources. The executive director shall be the commission’s executive officer and shall carry out and execute the duties as specified by law and by the commission. (c) The commission may appoint other staff and clerical personnel as necessary to carry out its duties under this chapter. (Amended by Stats. 2012, Ch. 665, Sec. 5. (SB 1308) Effective January 1, 2013.)
  60. 19817.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

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    The commission must create a 10-member Gaming Policy Advisory Committee, and the executive director must convene it from time to time. The committee may not advise the commission on Indian gaming.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19817. The commission shall establish and appoint a Gaming Policy Advisory Committee of 10 members. The committee shall be composed of representatives of controlled gambling licensees and members of the general public in equal numbers. The executive director shall, from time to time, convene the committee for the purpose of discussing matters of controlled gambling regulatory policy and any other relevant gambling-related issue. The recommendations concerning gambling policy made by the committee shall be presented to the commission, but shall be deemed advisory and not binding on the commission in the performance of its duties or functions. The committee may not advise the commission on Indian gaming. (Added by renumbering Section 19815.5A by Stats. 2002, Ch. 738, Sec. 14. Effective January 1, 2003.)
  61. 19818.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

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    The commission must study two gambling-related policy questions and report its findings to the Legislature and the Governor by January 1, 2005.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19818. (a) The commission shall investigate the following matters: (1) The consequences, benefits, and disadvantages of imposing a state tax on revenue generated by licensed gambling establishments. (2) Regulation of advertising for the purpose of limiting exposure of children to materials promoting gambling. (b) The commission shall report its findings to the Legislature and the Governor no later than January 1, 2005. (Added by renumbering Section 19815.8A by Stats. 2002, Ch. 738, Sec. 15. Effective January 1, 2003.)
  62. 19819.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

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    The commission must maintain a general office in Sacramento, keep a public vote record at its principal office, and needs three concurring members for official action or exercising its powers and duties.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19819. (a) The commission shall establish and maintain a general office for the transaction of its business in Sacramento. The commission may hold meetings at any place within the state when the interests of the public may be better served. (b) A public record of every vote shall be maintained at the commission’s principal office. (c) A majority of the membership of the commission is a quorum of the commission. The concurring vote of three members of the commission shall be required for any official action of the commission or for the exercise of any of the commission’s duties, powers, or functions. (d) Except as otherwise provided in this chapter, Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code applies to meetings of the commission. Notwithstanding Section 11125.1 of the Government Code, documents, which are filed with the commission by the department for the purpose of evaluating the qualifications of an applicant, are exempt from disclosure under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 34. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  63. 19820.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

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    The commission may employ up to eight attorneys, and this section does not exempt it from specified Government Code provisions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19820. The commission may employ not more than eight attorneys. Nothing in this section shall be deemed to exempt the commission from the operation of Section 11040, 11042, or 11043 of the Government Code. (Added by renumbering Section 19818A by Stats. 2002, Ch. 738, Sec. 17. Effective January 1, 2003.)
  64. 19821.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission and department must keep certain records and make some of them available for public inspection, but confidential records and personal information are protected from disclosure.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19821. (a) The commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the commission. These records shall be open to public inspection. (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. (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, no commissioner and no 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 knowingly disclose or furnish the records or information, or any part thereof, 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 wherein 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. (Amended by Stats. 2021, Ch. 615, Sec. 35. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  65. 19822.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    Certain government records relevant to a department investigation must be provided to the department, tax information may be used only for the chapter’s purposes, and department-held gambling records must be open for inspection by commission members.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19822. (a) All files, records, reports, and other information in possession of any state or local governmental agency that are relevant to an investigation by the department conducted pursuant to this chapter shall be made available to the department as requested. However, any tax information received from a governmental agency shall be used solely for effectuating the purposes of this chapter. To the extent that the files, records, reports, or information described in this section are confidential or otherwise privileged from disclosure under any law or exercise of discretion, they shall not lose that confidential or privileged status for having been disclosed to the department. (b) All files, records, reports, and other information pertaining to gambling matters in the possession of the department shall be open at all times to inspection by the members of the commission. (Amended by Stats. 2007, Ch. 176, Sec. 9. Effective August 24, 2007.)
  66. 19823.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission must make sure gambling licenses, approvals, and permits are not issued to or held by unqualified or disqualified people, and that such people have no material involvement in licensed gambling operations.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19823. (a) The responsibilities of the commission include, without limitation, all of the following: (1) Assuring that licenses, approvals, and permits are not issued to, or held by, unqualified or disqualified persons, or by persons whose operations are conducted in a manner that is inimical to the public health, safety, or welfare. (2) Assuring that there is no material involvement, directly or indirectly, with a licensed gambling operation, or the ownership or management thereof, by unqualified or disqualified persons, or by persons whose operations are conducted in a manner that is inimical to the public health, safety, or welfare. (b) For the purposes of this section, “unqualified person” means a person who is found to be unqualified pursuant to the criteria set forth in Section 19857, and “disqualified person” means a person who is found to be disqualified pursuant to the criteria set forth in Section 19859. (Added by renumbering Section 19822A by Stats. 2002, Ch. 738, Sec. 20. Effective January 1, 2003.)
  67. 19824.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission has broad power to license, approve, restrict, fine, subpoena, and bring civil actions to enforce this chapter.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19824. The commission shall have all powers necessary and proper to enable it fully and effectually to carry out the policies and purposes of this chapter, including, without limitation, the power to do all of the following: (a) Require any person to apply for a license, permit, registration, or approval as specified in this chapter, or regulations adopted pursuant to this chapter. (b) For any cause deemed reasonable by the commission, deny any application for a license, permit, or approval provided for in this chapter or regulations adopted pursuant to this chapter, limit, condition, or restrict any license, permit, or approval, or impose any fine upon any person licensed or approved. The commission may condition, restrict, discipline, or take action against the license of an individual owner endorsed on the license certificate of the gambling enterprise whether or not the commission takes action against the license of the gambling enterprise. (c) Approve or disapprove transactions, events, and processes as provided in this chapter. (d) Take actions deemed to be reasonable to ensure that no ineligible, unqualified, disqualified, or unsuitable persons are associated with controlled gambling activities. (e) Take actions deemed to be reasonable to ensure that gambling activities take place only in suitable locations. (f) Grant temporary licenses, permits, or approvals on appropriate terms and conditions. (g) Institute a civil action in any superior court against any person subject to this chapter to restrain a violation of this chapter. An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person by the Attorney General or any district attorney or city attorney. (h) Issue subpoenas to compel attendance of witnesses and production of documents and other material things at a meeting or hearing of the commission or its committees, including advisory committees. (Amended by Stats. 2009, Ch. 233, Sec. 3. (AB 293) Effective January 1, 2010.)
  68. 19824.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The executive director and commission members may administer oaths and certify official acts for commission business.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19824.5. The executive director and members of the commission may administer oaths and certify official acts in connection with the business of the commission. (Added by Stats. 2009, Ch. 624, Sec. 1. (SB 829) Effective January 1, 2010.)
  69. 19825.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission may require certain adjudicative matters about licenses, permits, or suitability findings to be decided under a specified Government Code procedure.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19825. The commission may require that any matter of an adjudicative nature regarding a license, permit, or finding of suitability, that the commission is authorized or required to consider in an evidentiary hearing, including a hearing held pursuant to Section 19870, be heard and determined in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2021, Ch. 45, Sec. 1. (AB 120) Effective January 1, 2022.)
  70. 19826.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The department must carry out gambling-control investigations, audits, licensing review, disciplinary, regulatory, and approval functions, and it must publish certain game rules and collection rates. A requesting licensee must reimburse the department’s actual review-and-approval costs for game rules.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19826. The department shall perform all investigatory functions required by this chapter, as well as auditing functions under tribal gaming compacts, and shall have all of the following responsibilities: (a) To receive and process applications for any license, permit, or other approval, and to collect all related fees. The department shall investigate the qualifications of applicants before any license, permit, or other approval is issued, and investigate any request to the commission for any approval that may be required pursuant to this chapter. The department may recommend the denial or the limitation, conditioning, or restriction of any license, permit, or other approval. (b) To monitor the conduct of all licensees and other persons having a material involvement, directly or indirectly, with a gambling operation or its holding company, for the purpose of ensuring that licenses are not issued or held by, and that there is no direct or indirect material involvement with, a gambling operation or holding company by ineligible, unqualified, disqualified, or unsuitable persons, or persons whose operations are conducted in a manner that is inimical to the public health, safety, or welfare. (c) (1) To investigate suspected violations of this chapter or laws of this state relating to gambling, including any activity prohibited by Chapter 9 (commencing with Section 319) or Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code. (2) This subdivision includes the responsibility to investigate suspected violations of illegal gambling activities conducted outside of licensed gambling establishments, irrespective of whether the suspected violation involves licensees. (d) To investigate complaints that are lodged against licensees, or other persons associated with a gambling operation, by members of the public. (e) To initiate, where appropriate, disciplinary actions as provided in this chapter. In connection with any disciplinary action, the department may seek restriction, limitation, suspension, or revocation of any license or approval, or the imposition of any fine upon any person licensed or approved. (f) To adopt regulations reasonably related to its functions and duties as specified in this chapter. (g) Approve the play of any controlled game, including placing restrictions and limitations on how a controlled game may be played. The department shall make available to the public the rules of play and the collection rates of each gaming activity approved for play at each gambling establishment on the Attorney General’s internet website. Actual costs incurred by the department to review and approve game rules shall be reimbursed to the department by the licensee making the request. (Amended by Stats. 2025, Ch. 584, Sec. 1. (SB 451) Effective January 1, 2026.)
  71. 19827.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The department has broad investigatory powers for gambling-control enforcement, including inspections, seizures, subpoenas, and witness examinations.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19827. (a) The department has all powers necessary and proper to enable it to carry out fully and effectually the duties and responsibilities of the department specified in this chapter. The investigatory powers of the department include, but are not limited to, all of the following: (1) Upon approval of the chief, and without notice or warrant, the department may take any of the following actions: (A) Visit, investigate, and place expert accountants, technicians, and any other person, as it may deem necessary, in all areas of the premises wherein controlled gambling is conducted for the purpose of determining compliance with the rules and regulations adopted pursuant to this chapter. (B) Visit, inspect, and examine all premises where gambling equipment is manufactured, sold, or distributed. (C) Inspect all equipment and supplies in any gambling establishment or in any premises where gambling equipment is manufactured, sold, or distributed. (D) Summarily seize, remove, and impound any equipment, supplies, documents, or records from any licensed premises for the purpose of examination and inspection. However, upon reasonable demand by the licensee or the licensee’s authorized representative, a copy of all documents and records seized shall be made and left on the premises. (E) Demand access to, and inspect, examine, photocopy, and audit all papers, books, and records of an owner licensee on the gambling premises in the presence of the licensee or the licensee’s agent. (2) Except as provided in paragraph (1), upon obtaining an inspection warrant pursuant to Section 1822.60 of the Code of Civil Procedure, the department may inspect and seize for inspection, examination, or photocopying any property possessed, controlled, bailed, or otherwise held by any applicant, licensee, or any intermediary company, or holding company. (3) (A) The department may investigate, for purposes of prosecution, any suspected criminal violation of this chapter. (B) The department may investigate, for purposes of prosecution, any suspected criminal violation of Chapter 9 (commencing with Section 319) or Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code, including a suspected criminal violation that occurs outside of a licensed gambling establishment, irrespective of whether the suspected violation involves licensees. (C) This paragraph does not limit the powers conferred by any other law on agents of the department who are peace officers. (4) The department may do both of the following: (A) Issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials. (B) Administer oaths, examine witnesses under oath, take evidence, and take depositions and affidavits or declarations. Notwithstanding Section 11189 of the Government Code, the department, without leave of court, may take the deposition of any applicant or any licensee. Sections 11185 and 11191 of the Government Code do not apply to a witness who is an applicant or a licensee. (b) (1) Subdivision (a) shall not be construed to limit warrantless inspections except as required by the California Constitution or the United States Constitution. (2) Subdivision (a) shall not be construed to prevent entries and administrative inspections, including seizures of property, without a warrant in the following circumstances: (A) With the consent of the owner, operator, or agent in charge of the premises. (B) In situations presenting imminent danger to health and safety. (C) In situations involving inspection of conveyances where there is reasonable cause to believe that the mobility of the conveyance makes it impractical to obtain a warrant, or in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking. (D) In accordance with this chapter. (E) In all other situations where a warrant is not constitutionally required. (Amended by Stats. 2025, Ch. 584, Sec. 2. (SB 451) Effective January 1, 2026.)
  72. 19828.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The department, the commission, and their agents and employees must not release privileged information without the privilege holder’s written consent or a lawful court order with notice.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19828. (a) Without limiting any privilege that is otherwise available under law, any communication or publication from, or concerning, an applicant, licensee, or registrant, in oral, written, or any other form, is absolutely privileged and so shall not form a basis for imposing liability for defamation or constitute a ground for recovery in any civil action, under any of the following circumstances: (1) It was made or published by an agent or employee of the department or commission in the proper discharge of official duties or in the course of any proceeding under this chapter. (2) It was required to be made or published to the department or commission, or any of their agents or employees, by law, regulation, or subpoena of the department or the commission. (3) It was, in good faith, made or published to the department or the commission for the purpose of causing, assisting, or aiding an investigation conducted pursuant to this chapter. (b) If any document or communication provided to the department or the commission contains any information that is privileged pursuant to Division 8 (commencing with Section 900) of the Evidence Code, or any other provision of law, that privilege is not waived or lost because the document or communication is disclosed to the department or the commission or to any of their agents or employees. (c) The department, the commission, and their agents and employees shall not release or disclose any information, documents, or communications provided by an applicant, licensee, or other person, that are privileged pursuant to Division 8 (commencing with Section 900) of the Evidence Code, or any other provision of law, without the prior written consent of the holder of the privilege, or pursuant to lawful court order after timely notice of the proceedings has been given to the holder of the privilege. An application to a court for an order requiring the department or the commission to release any information declared by law to be confidential shall be made only upon motion made in writing on not less than 10-business days’ notice to the department or the commission, and to all persons who may be affected by the entry of the order. (Amended by Stats. 2007, Ch. 176, Sec. 12. Effective August 24, 2007.)
  73. 19829.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    District attorneys and state and local law enforcement agencies must give the department information from substantial investigations or prosecutions when a gambling-law violation appears to have occurred.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19829. Every district attorney, and every state and local law enforcement agency, shall furnish to the department, on forms prepared by the department, all information obtained during the course of any substantial investigation or prosecution of any person, as determined by the department, if it appears that a violation of any law related to gambling has occurred, including any violation of Chapter 9 (commencing with Section 319) or Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code. (Amended by Stats. 2007, Ch. 176, Sec. 13. Effective August 24, 2007.)
  74. 19830.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The section creates an investigative account in the Gambling Control Fund and requires certain license- or approval-related investigation funds to be deposited into it.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 2. Administration [19810 - 19830] ( Article 2 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19830. There is an investigative account within the Gambling Control Fund. All funds received for the purpose of paying expenses incurred by the department for investigation of an application for a license or approval under this chapter shall be deposited in the account. Expenses may be advanced from the investigative account to the department by the chief. (Amended by Stats. 2007, Ch. 176, Sec. 14. Effective August 24, 2007.)
  75. 19840.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. )

    Verify source ↗

    The commission may adopt regulations to administer and enforce this chapter, and the commission and department must consider differences between large and small establishments when appropriate.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. ) ## 19840. The commission may adopt regulations for the administration and enforcement of this chapter. To the extent appropriate, regulations of the commission and the department shall take into consideration the operational differences of large and small establishments. (Amended by Stats. 2007, Ch. 176, Sec. 15. Effective August 24, 2007.)
  76. 19841.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. )

    Verify source ↗

    The commission must adopt gambling regulations covering licensing, reporting, audits, advertising, records, equipment, and related controls.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. ) ## 19841. The regulations adopted by the commission shall do all of the following: (a) With respect to applications, registrations, investigations, and fees, the regulations shall include, but not be limited to, provisions that do all of the following: (1) Prescribe the method and manner of application and registration. (2) Prescribe the information to be furnished by any applicant, licensee, or registrant concerning, as appropriate, the person’s personal history, habits, character, associates, criminal record, business activities, organizational structure, and financial affairs, past or present. (3) Prescribe the information to be furnished by an owner licensee relating to the licensee’s gambling employees. (4) Require fingerprinting or other methods of identification of an applicant, licensee, or employee of a licensee. (5) Prescribe the manner and method of collection and payment of fees and issuance of licenses. (b) Provide for the approval of game rules and equipment by the department to ensure fairness to the public and compliance with state laws. (c) Implement the provisions of this chapter relating to licensing and other approvals. (d) Require owner licensees to report and keep records of transactions, including transactions as determined by the department, involving cash or credit. The regulations may include, without limitation, regulations requiring owner licensees to file with the department reports similar to those required by Sections 5313 and 5314 of Title 31 of the United States Code, and by Sections 103.22 and 103.23 of Title 31 of the Code of Federal Regulations, and any successor provisions thereto, from financial institutions, as defined in Section 5312 of Title 31 of the United States Code and Section 103.11 of Title 31 of the Code of Federal Regulations, and any successor provisions. (e) Provide for the receipt of protests and written comments on an application by public agencies, public officials, local governing bodies, or residents of the location of the gambling establishment or future gambling establishment. (f) Provide for the disapproval of advertising by licensed gambling establishments that is determined by the department to be deceptive to the public. Regulations adopted by the commission for advertising by licensed gambling establishments shall be consistent with the advertising regulations adopted by the California Horse Racing Board and the Lottery Commission. Advertisement that appeals to children or adolescents or that offers gambling as a means of becoming wealthy is presumptively deceptive. (g) Govern all of the following: (1) The extension of credit. (2) The cashing, deposit, and redemption of checks or other negotiable instruments. (3) The verification of identification in monetary transactions. (h) Prescribe minimum procedures for adoption by owner licensees to exercise effective control over their internal fiscal and gambling affairs, which shall include, but not be limited to, provisions for all of the following: (1) The safeguarding of assets and revenues, including the recording of cash and evidences of indebtedness. (2) Prescribing the manner in which compensation from games and gross revenue shall be computed and reported by an owner licensee. (3) The provision of reliable records, accounts, and reports of transactions, operations, and events, including reports to the department. (i) Provide for the adoption and use of internal audits, whether by qualified internal auditors or by certified public accountants. As used in this subdivision, “internal audit” means a type of control that operates through the testing and evaluation of other controls and that is also directed toward observing proper compliance with the minimum standards of control prescribed in subdivision (h). (j) Require periodic financial reports from each owner licensee. (k) Specify standard forms for reporting financial conditions, results of operations, and other relevant financial information. (l) Formulate a uniform code of accounts and accounting classifications to ensure consistency, comparability, and effective disclosure of financial information. (m) Prescribe intervals at which the information in subdivisions (j) and (k) shall be furnished to the department. (n) Require audits to be conducted, in accordance with generally accepted auditing standards, of the financial statements of all owner licensees whose annual gross revenues equal or exceed a specified sum. However, nothing herein shall be construed to limit the department’s authority to require audits of any owner licensee. Audits, compilations, and reviews provided for in this subdivision shall be made by independent certified public accountants licensed to practice in this state. (o) Restrict, limit, or otherwise regulate any activity that is related to the conduct of controlled gambling, consistent with the purposes of this chapter. (p) Define and limit the area, games, hours of operation, number of tables, wagering limits, and equipment permitted, or the method of operation of games and equipment, if the commission, upon the recommendation of, or in consultation with, the department, determines that local regulation of these subjects is insufficient to protect the health, safety, or welfare of residents in geographical areas proximate to a gambling establishment. (q) Prohibit gambling enterprises from cashing checks drawn against any federal, state, or county fund, including, but not limited to, social security, unemployment insurance, disability payments, or public assistance payments. However, a gambling enterprise shall not be prohibited from cashing any payroll checks or checks for the delivery of goods or services that are drawn against a federal, state, or county fund. (r) Provide for standards, specifications, and procedures governing the manufacture, distribution, including the sale and leasing, inspection, testing, location, operation, repair, and storage of gambling equipment, and for the licensing of persons engaged in the business of manufacturing, distributing, including the sale and leasing, inspection, testing, repair, and storage of gambling equipment. (s) By December 31, 2011, provide procedures, criteria, and timelines for the processing and approval of applications for the licensing, temporary or interim licensing, or findings of suitability for receivers, trustees, beneficiaries, executors, administrators, conservators, successors in interest, or security interest holders for a gambling enterprise so that gambling enterprises may operate continuously in cases including, but not limited to, the death, insolvency, foreclosure, receivership, or incapacity of a licensee. (Amended by Stats. 2013, Ch. 353, Sec. 3. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  77. 19842.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. )

    Verify source ↗

    The commission generally may not ban or restrict games statewide unless it finds the game or its manner of play violates U.S., state, or local law.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. ) ## 19842. (a) The commission shall not prohibit, on a statewide basis, the play of any game or restrict the manner in which any game is played, unless the commission, in a proceeding pursuant to this article, finds that the game, or the manner in which the game is played, violates a law of the United States, a law of this state, or a local ordinance. (b) Nothing in this section shall be construed to limit the powers of the commission in a proceeding against a licensee pursuant to Article 10 (commencing with Section 19930). (c) No regulation prohibiting a game or the manner in which a game is played shall be deemed to be an emergency regulation. (Added by renumbering Section 19834.5A by Stats. 2002, Ch. 738, Sec. 30. Effective January 1, 2003.)
  78. 19843.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. )

    Verify source ↗

    The commission may not statewide-ban wagers on a controlled game at a gaming table when the person is present and actively participating in the hand with a single-seated player.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. ) ## 19843. The commission shall not prohibit, on a statewide basis, the placing of a wager on a controlled game by a person at a gaming table, if the person is present at the table and actively participating in the hand with a single-seated player upon whose hand the wagers are placed. (Added by renumbering Section 19834.6A by Stats. 2002, Ch. 738, Sec. 31. Effective January 1, 2003.)
  79. 19844.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. )

    Verify source ↗

    The commission must create and manage an exclusion list for gambling establishments, give notice to listed persons and owner licensees, and adopt hearing procedures for petitions; it may also sanction an owner licensee that knowingly fails to exclude or eject listed persons.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. ) ## 19844. (a) The commission shall, by regulation, provide for the formulation of a list of persons who are to be excluded or ejected from any gambling establishment. The list may include any person whose presence in the establishment is determined by the commission to pose a threat to the interests of this state or to controlled gambling, or both. (b) In making the determination described in subdivision (a), the commission may consider, but is not limited to considering, any of the following: (1) Prior conviction of a crime that is a felony in this state or under the laws of the United States, a crime involving moral turpitude, or a violation of the gambling laws of this or any other state. (2) The violation of, or conspiracy to violate, the provisions of this chapter relating to the failure to disclose an interest in a gambling establishment for which the person is required to obtain a license, or the willful evasion of fees. (3) A notorious or unsavory reputation that would adversely affect public confidence and trust that the gambling industry is free from criminal or corruptive elements. (4) An order of exclusion or ejection from a racing enclosure issued by the California Horse Racing Board. (c) The commission shall distribute the list of persons who are to be excluded or ejected from any gambling establishment to all owner licensees and shall provide notice to any persons included on the list. (d) The commission shall adopt regulations establishing procedures for hearing of petitions by persons who are ejected or excluded from licensed premises pursuant to this section or pursuant to Section 19845. (e) The commission may revoke, limit, condition, or suspend the license of an owner, or fine an owner licensee, if that licensee knowingly fails to exclude or eject from the gambling establishment of that licensee any person included on the list of persons to be excluded or ejected. (Added by renumbering Section 19835A by Stats. 2002, Ch. 738, Sec. 32. Effective January 1, 2003.)
  80. 19845.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. )

    Verify source ↗

    A licensee may remove certain disruptive or unlawful persons from licensed premises, and may also deny access to or remove anyone for any reason the licensee considers appropriate.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. ) ## 19845. (a) A licensee may remove from his or her licensed premises any person who, while on the premises: (1) Is a disorderly person, as defined by Section 647 of the Penal Code. (2) Interferes with a lawful gambling operation. (3) Solicits or engages in any act of prostitution. (4) Begs, is boisterous, or is otherwise offensive to other persons. (5) Commits any public offense. (6) Is intoxicated. (7) Is a person who the commission, pursuant to regulation, has determined should be excluded from licensed gambling establishments in the public interest. (b) Nothing in this section shall be deemed, expressly or impliedly, to preclude a licensee from exercising the right to deny access to or to remove any person from its premises or property for any reason the licensee deems appropriate. (Added by renumbering Section 19835.5A by Stats. 2002, Ch. 738, Sec. 33. Effective January 1, 2003.)
  81. 19846.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. )

    Verify source ↗

    A gambling enterprise is generally shielded from civil liability for mistakenly ejecting or excluding someone if it acted on a reasonable, good-faith belief after a reasonable investigation, but this does not cover damages caused by the means used to eject or exclude.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 3. Regulations [19840 - 19846] ( Article 3 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 17. ) ## 19846. (a) Notwithstanding any other provision of law and except as provided in subdivision (b), a gambling enterprise that ejects or excludes an individual based upon Section 19844 or 19845 is not subject to civil liability for a mistake as to the grounds for ejecting or excluding a person if the ejection or exclusion was based upon a reasonable and good faith belief, after a reasonable investigation, that these sections applied to the individual in question. (b) Notwithstanding subdivision (a), a gambling enterprise may not be relieved from liability for any damages arising from the means of ejection or exclusion. (Amended by Stats. 2009, Ch. 233, Sec. 5. (AB 293) Effective January 1, 2010.)
  82. 19850.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    People who run, operate, maintain, work for, or are paid from controlled games in this state must apply for and keep the required gambling-related license or work permit from the commission.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19850. Every person who, either as owner, lessee, or employee, whether for hire or not, either solely or in conjunction with others, deals, operates, carries on, conducts, maintains, or exposes for play any controlled game in this state, or who receives, directly or indirectly, 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, shall apply for and obtain from the commission, and shall thereafter maintain, a valid state gambling license, key employee license, or work permit, as specified in this chapter. In any criminal prosecution for violation of this section, the punishment shall be as provided in Section 337j of the Penal Code. (Added by renumbering Section 19840 by Stats. 2002, Ch. 738, Sec. 35. Effective January 1, 2003.)
  83. 19851.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    Owners of gambling enterprises must apply for and obtain a state gambling license, and the commission must create regulations for a new owner license type and related renewal rules.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 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 licenses of those persons shall be endorsed on the license certificate that is issued to the owner of the gambling enterprise. (c) Notwithstanding any other law, the commission may adopt regulations, for any applicant who possesses a state gambling license in good standing as determined by the commission, to waive any application requirement, including, without limitation, any of the following: (1) The requirement that an application be accompanied by supplemental forms pursuant to Section 19865. (2) The requirement that an application be accompanied by a deposit pursuant to Section 19867. (3) The requirement that an investigation be performed by the department. (d) (1) The commission shall adopt regulations implementing a new owner license type that allows for a person or entity to be endorsed on the license certificate of multiple gambling enterprises. (2) The regulations shall establish a process for a person or entity endorsed on the license certificate of multiple gambling enterprises to request at the time of submittal of an application for license renewal that their existing endorsements be converted to the new owner license type, provided that the applicant’s current state gambling licenses are held in good standing, as determined by the commission. (3) To the extent feasible, the regulations shall allow individuals or entities with the new owner license type to renew all of their endorsements on the license certificates of multiple gambling enterprises with a single application for renewal. Notwithstanding this paragraph, if the license certificate of a gambling enterprise ceases to be valid, any endorsement thereon of an individual or entity with the new owner license type shall be invalid. (Amended by Stats. 2023, Ch. 302, Sec. 1. (AB 1271) Effective January 1, 2024.)
  84. 19852.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    An owner of a gambling enterprise that is not a natural person cannot qualify for a state gambling license unless the listed related persons each individually hold a state gambling license.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19852. Except as provided in Section 19852.2, an owner of a gambling enterprise that is not a natural person shall not be eligible for a state gambling license unless each of the following persons individually holds a state gambling license: (a) If the owner is a corporation, then each officer, director, and shareholder, other than a holding or intermediary company, of the owner. The foregoing does not apply to an owner that is either a publicly traded racing association or a qualified racing association. (b) If the owner is a publicly traded racing association, then each officer, director, and owner, other than an institutional investor, of 5 percent or more of the outstanding shares of the publicly traded corporation. (c) If the owner is a qualified racing association, then each officer, director, and shareholder, other than an institutional investor, of the subsidiary corporation and any owner, other than an institutional investor, of 5 percent or more of the outstanding shares of the publicly traded corporation. (d) If the owner is a partnership, then every general and limited partner of, and every trustee or person, other than a holding or intermediary company, having or acquiring a direct or beneficial interest in, that partnership owner. (e) If the owner is a trust, then the trustee and, in the discretion of the commission, any beneficiary and the trustor of the trust. (f) If the owner is a limited liability company, every officer, manager, member, or owner. (g) If the owner is a business organization other than a corporation, partnership, trust, or limited liability company, then all those persons as the commission may require, consistent with this chapter. (h) Each person who receives, or is to receive, any percentage share of the revenue earned by the owner from gambling activities. (i) Every employee, agent, guardian, personal representative, lender, or holder of indebtedness of the owner who, in the judgment of the commission, has the power to exercise a significant influence over the gambling operation. (Amended by Stats. 2023, Ch. 302, Sec. 2. (AB 1271) Effective January 1, 2024.)
  85. 19852.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission may exempt certain limited partners from licensing requirements for a qualifying card club situation.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19852.2. (a) Notwithstanding Section 19852 or any other provision of law, and solely for the purpose of the licensure of a card club located on any portion of, or contiguous to, the grounds upon which a racetrack is or had been previously located and horserace meetings were authorized to be conducted by the California Horse Racing Board on or before January 1, 2012, that is owned by a limited partnership that also owns or owned the racetrack, the commission may, at its discretion, exempt all of the following from the licensing requirements of this chapter: (1) The limited partners in a limited partnership that holds interest in a holding company if all of the following criteria are met: (A) The limited partners of the limited partnership in the aggregate directly hold at least 95 percent of the interest in the holding company. (B) The limited partner is one of the following: (i) An “institutional investor” as defined in subdivision (w) of Section 19805. (ii) An “employee benefit plan” as defined in Section 1002(3) of Title 29 of the United States Code. (iii) An investment company that manages a state university endowment. (2) Other limited partners in a limited partnership described in paragraph (1), if the partners do not number more than five and each partner indirectly owns 1 percent or less of the shares of the interest in the holding company. (3) A limited partner in a limited partnership that holds in the aggregate less than 5 percent of the interest in a holding company. (b) Nothing in this section shall be construed to limit the licensure requirements for a general partner of a limited partnership or a limited partner that is not specifically described in this section. (Amended by Stats. 2013, Ch. 760, Sec. 1. (SB 472) Effective January 1, 2014.)
  86. 19853.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission may require certain people connected to a gambling enterprise or licensed gambling establishment to register, seek a suitability finding, or apply for a gambling license.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19853. (a) The commission, by regulation or order, may require that the following persons register with the commission, apply for a finding of suitability as defined in subdivision (j) of Section 19805, or apply for a gambling license: (1) Any person who furnishes any services or any property to a gambling enterprise under any arrangement whereby that person receives payments based on earnings, profits, or receipts from controlled gambling. (2) Any person who owns an interest in the premises of a licensed gambling establishment or in real property used by a licensed gambling establishment. (3) Any person who does business on the premises of a licensed gambling establishment. (4) Any person who is an independent agent of, or does business with, a gambling enterprise as a ticket purveyor, a tour operator, the operator of a bus program, or the operator of any other type of travel program or promotion operated with respect to a licensed gambling establishment. (5) Any person who provides any goods or services to a gambling enterprise for compensation that the commission finds to be grossly disproportionate to the value of the goods or services provided. (6) Every person who, in the judgment of the commission, has the power to exercise a significant influence over the gambling operation. (b) The department may conduct any investigation it deems necessary to determine whether a publicly traded corporation is, or has, engaged in activities specified in paragraph (2), (3), or (4) of subdivision (a), and shall report its findings to the commission. If a publicly traded corporation is engaged in activities described in paragraph (2), (3), or (4) of subdivision (a), the commission may require the corporation and the following other persons to apply for and obtain a license or finding of suitability: (1) Any officer or director. (2) Any owner, other than an institutional investor, of 5 percent or more of the outstanding shares of the corporation. (Amended by Stats. 2012, Ch. 162, Sec. 6. (SB 1171) Effective January 1, 2013.)
  87. 19854.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    A person cannot work as a key employee without a key employee license, and the license cannot be issued unless the person qualifies for a state gambling license.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19854. (a) A person shall not be employed as a key employee unless that person applies for and obtains 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. (c) A key employee license, once issued, shall authorize a person to act as a key employee until the expiration or revocation of that license and shall entitle the holder to work for any gambling enterprise as a key employee upon proper notice to the department. (Repealed and added by Stats. 2023, Ch. 302, Sec. 4. (AB 1271) Effective January 1, 2024.)
  88. 19855.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    People who must hold a state license must get it before starting the licensed activity or job. People ordered by the commission to apply for a gambling license or suitability finding must file the application within 45 calendar days of receiving the order.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19855. Except as otherwise provided by statute or regulation, every person who, by statute or regulation, is required to hold a state license shall obtain the license prior to engaging in the activity or occupying the position with respect to which the license is required. Every person who, by order of the commission, is required to apply for a gambling license or a finding of suitability shall file the application within 45 calendar days after receipt of the order. (Amended by Stats. 2013, Ch. 760, Sec. 2. (SB 472) Effective January 1, 2014.)
  89. 19856.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission may issue a state license to a qualified applicant, and the applicant must prove qualifications.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19856. (a) Any person who the commission determines is qualified to receive a state license, having due consideration for the proper protection of the health, safety, and general welfare of the residents of the State of California and the declared policy of this state, may be issued a license. The burden of proving his or her qualifications to receive any license is on the applicant. (b) An application to receive a license constitutes a request for a determination of the applicant’s general character, integrity, and ability to participate in, engage in, or be associated with, controlled gambling. (c) In reviewing an application for any license, the commission shall consider whether issuance of the license is inimical to public health, safety, or welfare, and whether issuance of the license will undermine public trust that the gambling operations with respect to which the license would be issued are free from criminal and dishonest elements and would be conducted honestly. (Added by renumbering Section 19847A by Stats. 2002, Ch. 738, Sec. 41. Effective January 1, 2003.)
  90. 19857.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    A gambling license may not be issued unless the commission is satisfied the applicant meets the listed character, background, and qualification standards.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19857. No gambling license shall be issued unless, based on all of the information and documents submitted, the commission is satisfied that the applicant is all of the following: (a) A person of good character, honesty, and integrity. (b) A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest of this state, or to the effective regulation and control of controlled gambling, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of controlled gambling or in the carrying on of the business and financial arrangements incidental thereto. (c) A person that is in all other respects qualified to be licensed as provided in this chapter. (Added by renumbering Section 19848A by Stats. 2002, Ch. 738, Sec. 42. Effective January 1, 2003.)
  91. 19858.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    A person may be unsuitable for a state gambling license if they or certain insiders have a financial interest in a business engaged in prohibited gambling, unless an exception applies.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19858. (a) Except as provided in subdivisions (b) and (c), a person shall be deemed to be unsuitable to hold a state gambling license to own a gambling establishment if the person, or any partner, officer, director, or shareholder of the person, has any financial interest in any business or organization that is engaged in any form of gambling prohibited by Section 330 of the Penal Code, whether within or without this state. (b) Subdivision (a) shall not apply to a publicly traded racing association, a qualified racing association, or any person who is licensed pursuant to subdivision (b) or (c) of Section 19852. (c) Subdivision (a) shall not apply to a person who meets all of the following criteria: (1) The person is licensed or had an application to be licensed on file with the commission on or before February 1, 2013. (2) The person has a financial interest in a business or organization engaged in gambling prohibited by Section 330 of the Penal Code that was closed and was not engaged in prohibited gambling at the time the person was either licensed or had filed an application to be licensed with the commission. (3) The person has a financial interest in a gambling establishment that is located on any portion of, or contiguous to, the grounds on which a racetrack is or had been previously located and horserace meetings were authorized to be conducted by the California Horse Racing Board on or before January 1, 2012. (4) The grounds upon which the gambling establishment described in paragraph (3) is located are directly or indirectly owned by a racetrack limited partnership owner. For purposes of this paragraph, a “racetrack limited partnership owner” is defined as a limited partnership, or a number of related limited partnerships, that is or are at least 80 percent capitalized by limited partners that are an “institutional investor” as defined in subdivision (w) of Section 19805, an “employee benefit plan” as defined in Section 1002(3) of Title 29 of the United States Code, or an investment company that manages a state university endowment. (d) Within three years of the date the closed business or organization reopens or becomes engaged in any form of gambling prohibited by Section 330 of the Penal Code, a person described in subdivision (c) shall either divest that person’s interest in the business or organization, or divest that person’s interest in the gambling enterprise or gambling establishment for which the person is licensed or has applied to be licensed by the commission. (e) A person described in subdivision (c) shall inform the commission within 30 days of the date on which a business or organization in which the person has a financial interest begins to engage in any form of gambling prohibited by Section 330 of the Penal Code. (f) During the three-year divestment period described in subdivision (d), it is unlawful for any cross-promotion or marketing to occur between the business or organization that is engaged in any form of gambling prohibited by Section 330 of the Penal Code and the gambling enterprise or gambling establishment described in paragraph (3) of subdivision (c). For purposes of this subdivision, “cross-promotion or marketing” means the offering to any customers of the gambling enterprise or gambling establishment anything of value related to visiting or gambling at the business or organization engaged in any form of gambling prohibited by Section 330 of the Penal Code. (g) During the three-year divestment period described in subdivision (d), any funds used in connection with the capital improvement of the gambling enterprise or gambling establishment described in paragraph (3) of subdivision (c) shall not be provided from the gaming revenues of either the business or organization engaged in gaming prohibited under Section 330 of the Penal Code. (h) If, at the end of the three-year divestment period described in subdivision (d), any person described in subdivision (c) has not divested his or her interest in either the gambling enterprise or gambling establishment or the business or organization engaged in any form of gaming prohibited under Section 330 of the Penal Code, the prohibitions of Section 19858 as it read on January 1, 2013, apply. (Amended by Stats. 2013, Ch. 760, Sec. 3. (SB 472) Effective January 1, 2014.)
  92. 19858.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission may find an applicant or licensee suitable for a state gambling license even if they have an interest in another lawful gambling business outside California, but they may not own more than 1% of, or control, that business.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19858.5. Notwithstanding Section 19858, the commission may, pursuant to this chapter, deem an applicant or licensee suitable to hold a state gambling license even if the applicant or licensee has a financial interest in another business that conducts lawful gambling outside the state that, if conducted within California, would be unlawful, provided that an applicant or licensee may not own, either directly or indirectly, more than a 1 percent interest in, or have control of, that business. (Added by Stats. 2007, Ch. 294, Sec. 2. Effective October 5, 2007.)
  93. 19859.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission must deny a license to an applicant who is disqualified for one of the listed reasons.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19859. The commission shall deny a license to any applicant who is disqualified for any of the following reasons: (a) Failure of the applicant to clearly establish eligibility and qualification in accordance with this chapter. (b) Failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the chief, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria. (c) (1) Except as provided in paragraph (2), conviction of a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in California. (2) A conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny a license pursuant to this section. (d) (1) Conviction of the applicant, in the State of California, for any misdemeanor involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the commission under Section 19856 or affect the applicant’s burden under Section 19857. (2) Conviction of the applicant, in another state, for any misdemeanor involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the conviction has been expunged under the laws of the jurisdiction in which the applicant was convicted; provided, however, that the expungement of the conviction shall not constitute a limitation on the discretion of the commission under Section 19856 or affect the applicant’s burden under Section 19857. (e) Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code. (f) Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; official corruption related to gambling activities; or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code. (g) The applicant is less than 21 years of age, except as provided by this chapter. (Amended by Stats. 2024, Ch. 138, Sec. 1. (SB 1519) Effective January 1, 2025.)
  94. 19860.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission must deny a gambling license for a gambling establishment in a city, county, or city and county that lacks an ordinance covering the listed gambling controls.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19860. (a) The commission shall deny a gambling license with respect to any gambling establishment that is located in a city, county, or city and county that does not have an ordinance governing all of the following matters: (1) The hours of operation of gambling establishments. (2) Patron security and safety in and around the gambling establishments. (3) The location of gambling establishments. (4) Wagering limits in gambling establishments. (5) The number of gambling tables in each gambling establishment and in the jurisdiction. (b) In any city, county, or city and county in which the local gambling ordinance does not govern the matters specified in subdivision (a), any amendment to the ordinance to govern those matters is not subject to Section 19961, provided that a local election is required to add these matters, and the ordinance only provides for private clubs by vote of the people, and that the ordinance is amended to contain these matters on or before July 1, 2000. (Added by renumbering Section 19851A by Stats. 2002, Ch. 738, Sec. 45. Effective January 1, 2003.)
  95. 19861.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission cannot deny a gambling-establishment license solely because the establishment is not open to the public if the listed private-club conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19861. (a) Notwithstanding subdivision (j) of Section 19801, the commission shall not deny a license to a gambling establishment solely because it is not open to the public, if all of the following are true: (1) The gambling establishment is situated in a local jurisdiction that has an ordinance allowing only private clubs, the gambling establishment was in operation as a private club under that ordinance on December 31, 1997, and it met all applicable state and local gaming registration requirements. (2) The gambling establishment consists of no more than five gaming tables. (3) Video recordings of the entrance to the gambling room or rooms and all tables situated therein are made during all hours of operation by means of closed-circuit television cameras, and these recordings are retained for a period of 30 days and are made available for review by the department upon request. (4) The gambling establishment is open to members of the private club and their spouses in accordance with membership criteria in effect as of December 31, 1997. (b) A gambling establishment meeting the criteria set forth in subdivision (a), in addition to the other requirements of this chapter, may be licensed to operate as a private club gambling establishment until November 30, 2003, or until the ownership or operation of the gambling establishment changes from the ownership or operation as of January 1, 1998, whichever occurs first. Operation of the gambling establishments after this date shall only be permitted if the local jurisdiction approves an ordinance, pursuant to Sections 19961 and 19962, authorizing the operation of gambling establishments that are open to the public. The commission shall adopt regulations implementing this section. Before the commission’s issuance of a license to a private club, the department shall ensure that the ownership of the gambling establishment has remained constant since January 1, 1998, and the operation of the gambling establishment has not been leased to a third party. (Amended by Stats. 2016, Ch. 86, Sec. 16. (SB 1171) Effective January 1, 2017.)
  96. 19862.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    The commission may deny a gambling license for specified reasons, and it must hold a public meeting and disclose feasibility-study materials as public records.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19862. (a) In addition to other grounds stated in this chapter, the commission may deny a gambling license for any of the following reasons: (1) If issuance of the license with respect to the proposed gambling establishment or expansion would tend unduly to create law enforcement problems in a city, county, or city and county other than the city, county, or city and county that has regulatory jurisdiction over the applicant’s premises. (2) If an applicant fails to conduct an economic feasibility study that demonstrates to the satisfaction of the commission that the proposed gambling establishment will be economically viable, and that the owners have sufficient resources to make the gambling establishment successful. The commission shall hold a public meeting for the purpose of reviewing the feasibility study. All papers, studies, projections, pro formas, and other materials filed with the commission pursuant to an economic feasibility study are public records and shall be disclosed to all interested parties. (3) If issuance of the license is sought in respect to a new gambling establishment, or the expansion of an existing gambling establishment, that is to be located or is located near an existing school, an existing building used primarily as a place of worship, an existing playground or other area of juvenile congregation, an existing hospital, convalescence facility, or near another similarly unsuitable area, as determined by regulation of the commission, which is located in a city, county, or city and county other than the city, county, or city and county that has regulatory jurisdiction over the applicant’s gambling premises. (b) For the purposes of this section, “expansion” means an increase of 25 percent or more in the number of authorized gambling tables in a gambling establishment, based on the number of gambling tables for which a license was initially issued pursuant to this chapter. (Amended by Stats. 2021, Ch. 45, Sec. 2. (AB 120) Effective January 1, 2022.)
  97. 19863.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    A publicly traded racing association or qualified racing association may operate only one gaming establishment, and it must be on the same premises as the association’s racetrack.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19863. A publicly traded racing association or a qualified racing association shall be allowed to operate only one gaming establishment, and the gaming establishment shall be located on the same premises as the entity’s racetrack. (Added by renumbering Section 19852.1 by Stats. 2002, Ch. 738, Sec. 48. Effective January 1, 2003.)
  98. 19864.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    Applicants must submit license-related applications to the department on department forms, and gambling license applications must include specified information.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19864. (a) Application for a state license or other commission action shall be submitted to the department on forms furnished by the department. (b) The application for a gambling license shall include all of the following: (1) The name of the proposed licensee. (2) The name and location of the proposed gambling establishment. (3) The gambling games proposed to be conducted. (4) The names of all persons directly or indirectly interested in the business and the nature of the interest. (5) A description of the proposed gambling establishment and operation. (6) Any other information and details the commission may require in order to discharge its duties properly. (Amended by Stats. 2013, Ch. 353, Sec. 5. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  99. 19865.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    The department must give applicants supplemental forms, and applicants must complete and file them and submit two sets of fingerprints. The department may send one fingerprint card to the FBI.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19865. The department shall furnish to the applicant supplemental forms, which the applicant shall complete and file with the department. These supplemental forms shall require, but shall not be limited to requiring, complete information and details with respect to the applicant’s personal history, habits, character, criminal record, business activities, financial affairs, and business associates, covering at least a 10-year period immediately preceding the date of filing of the application. Each applicant shall submit two sets of fingerprints, using “live scan” or other prevailing, accepted technology, or on forms provided by the department. The department may submit one fingerprint card to the United States Federal Bureau of Investigation. (Amended by Stats. 2007, Ch. 176, Sec. 20. Effective August 24, 2007.)
  100. 19866.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    Applicants for licensing or related approvals must fully and truthfully disclose all information to the department and commission when needed to carry out gambling-control policies.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19866. An applicant for licensing or for any approval or consent required by this chapter, shall make full and true disclosure of all information to the department and the commission as necessary to carry out the policies of this state relating to licensing, registration, and control of gambling. (Amended by Stats. 2007, Ch. 176, Sec. 21. Effective August 24, 2007.)
  101. 19867.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    License or suitability applications must include a deposit to cover expected investigation and processing costs; the chief can require more during the investigation, and any excess must be refunded.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 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. (Amended by Stats. 2007, Ch. 438, Sec. 6. Effective January 1, 2008.)
  102. 19868.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The department must start investigating a gambling license applicant within a reasonable time after a complete filing and fee deposit, and generally act on applications within 180 days. If the review is still unfinished after 180 days, the department must notify the applicant in writing and give an estimated completion date.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19868. (a) Within a reasonable time after the filing of an application and any supplemental information the department may require, and the deposit of any fee required pursuant to Section 19867, the department shall commence its investigation of the applicant and, for that purpose, may conduct any proceedings it deems necessary. To the extent practicable, all applications shall be acted upon within 180 calendar days of the date of submission of a completed application. If an investigation has not been concluded within 180 days after the date of submission of a completed application, the department shall inform the applicant in writing of the status of the investigation and shall also provide the applicant with an estimated date on which the investigation may reasonably be expected to be concluded. (b) If denial of the application, or approval of the license with restrictions or conditions on the license, is recommended, the chief shall prepare and file with the commission his or her written reasons upon which the recommendation is based. (1) Prior to filing his or her recommendation with the commission, the chief shall meet with the applicant, or the applicant’s duly authorized representative, and inform him or her generally of the basis for any proposed recommendation that the application be denied, restricted, or conditioned. (2) Not less than 10 business days prior to the meeting of the commission at which the application is to be considered, the department shall deliver to the applicant a summary of the chief’s final report and recommendation. (3) This section requires the department neither to divulge to the applicant any confidential information received from any law enforcement agency or any information received from any person with assurances that the information would be maintained confidential, nor to divulge any information that might reveal the identity of any informer or jeopardize the safety of any person. (c) If a restriction or condition on the license is recommended, the chief shall prepare and file with the commission his or her written reasons upon which the recommendation is based. (1) Prior to filing his or her recommendation with the commission, and not less than 10 business days prior to the meeting of the commission at which the application is to be considered, the chief shall inform the applicant in writing generally of the basis for any proposed recommendation that the application be restricted or conditioned, including the legal and factual grounds on which the recommendation is based. (2) This section does not require the department to divulge to the applicant any confidential information received from any law enforcement agency or any information received from any person with assurances that the information would be maintained confidential, or to divulge any information that might reveal the identity of any informer or jeopardize the safety of any person. (d) A recommendation of denial of an application shall be without prejudice to a new and different application filed in accordance with applicable regulations. (Amended by Stats. 2009, Ch. 233, Sec. 8. (AB 293) Effective January 1, 2010.)
  103. 19869.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    An applicant may ask to withdraw an application before final commission action, but the commission can refuse unless withdrawal serves the public interest and the chapter’s policies.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19869. A request for withdrawal of an application may be made at any time prior to a final action upon the application by the commission by the filing of a written request to withdraw with the department. The commission shall not grant the request unless the applicant has established that withdrawal of the application would be consistent with the public interest and the policies of this chapter. If a request for withdrawal is denied, the department may go forward with its investigation and make a recommendation to the commission upon the application, if applicable, and the commission may act upon the application as if no request for withdrawal had been made. If a request for withdrawal is granted with prejudice, the applicant thereafter shall be ineligible to submit or renew its application until the expiration of one year from the date of the withdrawal. Unless the commission otherwise directs, any application fee or other payment relating to any application is not refundable by reason of withdrawal of an application. (Amended by Stats. 2021, Ch. 45, Sec. 3. (AB 120) Effective January 1, 2022.)
  104. 19870.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    The commission may deny, grant, or limit gambling license applications, and applicants can request an evidentiary hearing within 30 days if the commission acts at a meeting.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19870. (a) The commission, after considering the recommendation of the chief and any other testimony and written comments as may be presented at the meeting, or as may have been submitted in writing to the commission prior to the meeting, may deny the application, grant a license to an applicant who it determines to be qualified to hold the license, or refer the application to an evidentiary hearing. (b) When the commission grants an application for a license or approval, the commission may limit or place restrictions on the license or approval as it may deem necessary in the public interest, consistent with the policies described in this chapter. (c) If, during a meeting, the commission denies an application, denies approval, or approves with limits, restrictions, or conditions, the action shall be stayed for a period of 30 days after the meeting, during which the applicant may request an evidentiary hearing. If the applicant does not file a request for an evidentiary hearing within 30 days, the action of the commission taken at the meeting is final. If the applicant waives the right to hearing and assents to the action of the commission in writing, upon receipt of the waiver by the commission, the action shall no longer be stayed. If the applicant files a timely request for an evidentiary hearing, the action shall be vacated and the application shall be reviewed de novo at the evidentiary hearing. (d) When an application is denied after an evidentiary hearing, the commission shall prepare and file a detailed statement of its reasons for the denial. (e) All proceedings relating to an application at a meeting of the commission or at an evidentiary hearing shall be recorded stenographically or by audio or video recording. (f) A decision of the commission after an evidentiary hearing, denying a license or approval, or imposing any condition or restriction on the grant of a license or approval may be reviewed by petition pursuant to Section 1085 of the Code of Civil Procedure. Section 1094.5 of the Code of Civil Procedure does not apply to any judicial proceeding held to consider that petition, and the court may grant the petition only if the court finds that the action of the commission was arbitrary and capricious, or that the action exceeded the commission’s jurisdiction. (Amended by Stats. 2021, Ch. 45, Sec. 4. (AB 120) Effective January 1, 2022.)
  105. 19871.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    Evidentiary hearings must follow commission regulations, oral evidence must be under oath or affirmation, and each party gets listed hearing rights.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19871. (a) An evidentiary hearing described in Section 19870 shall be conducted in accordance with regulations of the commission and as follows: (1) Oral evidence shall be taken only upon oath or affirmation. (2) Each party shall have all of the following rights: (A) To call and examine witnesses. (B) To introduce exhibits relevant to the issues of the case. (C) To cross-examine opposing witnesses on any matters relevant to the issues, even if the matter was not covered on direct examination. (D) To impeach any witness, regardless of which party first called the witness to testify. (E) To offer rebuttal evidence. (3) If the applicant does not testify on their own behalf, the applicant may be called and examined as if under cross-examination. (4) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be considered, and is sufficient in itself to support a finding, if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of that evidence over objection in a civil action. (b) This section does not confer upon an applicant a right to discovery of the department’s investigative reports or to require disclosure of any document or information the disclosure of which is otherwise prohibited by any other provision of this chapter. (Amended by Stats. 2021, Ch. 45, Sec. 5. (AB 120) Effective January 1, 2022.)
  106. 19872.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    The commission, applicants, related persons, and certain department personnel must not make ex parte communications about the merits of a license-related application while it is under investigation or pending before the department or commission.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19872. (a) No member of the commission may communicate ex parte, directly or indirectly, with any applicant, or any agent, representative, or person acting on behalf of an applicant, upon the merits of an application for a license, permit, registration, or approval while the application is being investigated by the department or pending disposition before the department or the commission. (b) No applicant, or any agent, representative, or person acting on behalf of an applicant, and no person who has a direct or indirect interest in the outcome of a proceeding to consider an application for a license, permit, registration, or approval may communicate ex parte, directly or indirectly, with any member of the commission, upon the merits of the application while the application is being investigated by the department or pending disposition before the department. (c) No employee or agent of the department, applicant, or any agent, representative, or person acting on behalf of an applicant, and no person who has a direct or indirect interest in the outcome of a proceeding to consider an application for a license, permit, registration, or approval may communicate ex parte, directly or indirectly, with any member of the commission, upon the merits of the application, while the application is pending disposition before the commission. (d) The receipt by a member of the commission of an ex parte communication prohibited by this section may provide the basis for disqualification of that member or the denial of the application. The commission shall adopt regulations to implement this subdivision. (e) For the purposes of this subdivision, “ex parte” means a communication without notice and opportunity for all parties to participate in the communication. (f) Nothing in this section precludes a communication made on the record at a public hearing on a properly agendized matter. (Amended by Stats. 2013, Ch. 352, Sec. 47. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  107. 19873.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    A license may not be assigned or transferred, in whole or in part.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19873. No license may be assigned or transferred either in whole or in part. (Added by renumbering Section 19859 by Stats. 2002, Ch. 738, Sec. 58. Effective January 1, 2003.)
  108. 19874.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    If the stated conditions are met, the commission must issue and deliver a license to the applicant, and the license entitles the applicant to engage in the licensed activity.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19874. Subject to subdivision (b) of Section 19851, the commission shall issue and deliver to the applicant a license entitling the applicant to engage in the activity for which the license is issued, together with an enumeration of any specific terms and conditions of the license if both of the following conditions have been met: (a) The commission is satisfied that the applicant is eligible and qualified to receive the license. (b) All license fees required by statute and by regulations of the commission have been paid. (Added by renumbering Section 19860A by Stats. 2002, Ch. 738, Sec. 59. Effective January 1, 2003.)
  109. 19875.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    An owner must post the gambling license in a conspicuous place where gambling is conducted, and keep it posted until it is replaced by a succeeding license.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19875. An owner’s gambling license shall be posted at all times in a conspicuous place in the area where gambling is conducted in the establishment for which the license is issued until it is replaced by a succeeding license. (Added by renumbering Section 19861 by Stats. 2002, Ch. 738, Sec. 60. Effective January 1, 2003.)
  110. 19876.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    A gambling license is generally valid for two years, and renewal must be filed on time. The commission must act before expiration and may extend, close premises, or charge delinquency fees in some cases.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19876. (a) Subject to the power of the commission to deny, revoke, suspend, condition, or limit a license, as provided in this chapter, a license shall be valid for a period of two years from the date of issuance. (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 an application for renewal prior to the date of expiration of the current license. Upon renewal of an owner license, the commission shall issue an appropriate renewal certificate or validating device or sticker. (c) Notwithstanding 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) In addition to the penalties provided by law, an owner-licensee who deals, operates, carries on, conducts, maintains, or exposes for play 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. (e) 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 within the premises until the license is renewed. (f) 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. (Amended by Stats. 2023, Ch. 302, Sec. 5. (AB 1271) Effective January 1, 2024.)
  111. 19876.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    If a renewal application was filed before a work permit or finding of suitability expires and the commission cannot act in time, the commission may extend it for up to 180 days.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19876.5. If an applicant has submitted an application for renewal prior to the original expiration date of a work permit or finding of suitability and the commission is unable to act on the application prior to the expiration date, the commission may extend the current work permit or finding of suitability for up to 180 days. The commission may adopt regulations to provide for the extension of other approvals. (Added by Stats. 2021, Ch. 553, Sec. 3. (SB 819) Effective January 1, 2022.)
  112. 19877.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    If an owner licensee does not file a renewal application by the date set in this chapter, the license may be treated as surrendered. A license is not considered renewed until all required renewal fees are paid.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19877. The failure of an owner licensee to file an application for renewal before the date specified in this chapter may be deemed a surrender of the license. A license has not been renewed within the meaning of this section until all required renewal fees have been paid. (Added by renumbering Section 19862.5 by Stats. 2002, Ch. 738, Sec. 62. Effective January 1, 2003.)
  113. 19878.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    This section limits gambling-license business dealings when a license is denied, suspended, revoked, or withdrawn, and requires related employee termination, suspension, notices, and payment limits.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19878. (a) Neither an owner licensee, nor a California affiliate of an owner licensee, shall enter into, without prior approval of the commission, any contract or agreement with a person who is denied a license, or whose license is suspended or revoked by the commission, or with any business enterprise under the control of that person, after the date of receipt of notice of the commission’s action. (b) An owner licensee or an affiliate of the owner licensee shall not employ, without prior approval of the commission, any person in any capacity for which that person would be required to be licensed, if the person has been denied a license, or if their license has been suspended or revoked after the date of receipt of notice of the action by the commission. Neither an owner licensee, nor a California affiliate of an owner licensee, without prior approval of the commission, shall enter into any contract or agreement with a person whose application has been withdrawn with prejudice, or with any business enterprise under the control of that person, for the period of time during which the person is prohibited from filing a new application for licensure. (c) (1) If an employee who is required to be licensed pursuant to this chapter fails to apply for a license within the time specified by regulation, is denied a license, or has their license revoked by the commission, the employee shall be terminated in any capacity in which they are required to be licensed and they shall not be permitted to exercise a significant influence over the gambling operation, or any part thereof, upon being notified of that action. (2) If an employee who is required to be licensed pursuant to this chapter has their license suspended, the employee shall be suspended in any capacity in which they are required to be licensed and shall not be permitted to exercise a significant influence over the gambling operation, or any part thereof, during the period of suspension, upon being notified of that action. (3) If the owner licensee designates another employee to replace the employee whose employment was terminated, the owner licensee shall promptly notify the department and shall require the newly designated employee to apply for a license. (d) An owner licensee or an affiliate of the owner licensee shall not pay to a person whose employment has been terminated pursuant to subdivision (c) any remuneration for any service performed in any capacity in which the person is required to be licensed except for amounts due for services rendered before the date of receipt of notice of the commission’s action. Neither an owner licensee, nor an affiliate thereof, during the period of suspension, shall pay to a person whose employment has been suspended pursuant to subdivision (c), any remuneration for any service performed in any capacity in which the person is required to be licensed, except for amounts due for services rendered before the date of receipt of notice of the commission’s action. (e) Except as provided in subdivision (c), a contract or agreement for the provision of services or property to an owner licensee or an affiliate thereof, or for the conduct of any activity at a gambling establishment, which is to be performed by a person required by this chapter or by regulations adopted pursuant to this chapter, to be licensed, shall be terminated upon a suspension or revocation of the person’s license. (f) In any case in which a contract or agreement for the provision of services or property to an owner licensee or an affiliate thereof, or for the conduct of any activity at a gambling establishment, is to be performed by a person required by this chapter or by regulations adopted by the commission to be licensed, the contract shall be deemed to include a provision for its termination without liability on the part of the owner licensee or its duly registered holding company upon a suspension or revocation of the person’s license. In any action brought by the department or commission to terminate a contract pursuant to subdivision (c) or (e), it shall not be a defense that the agreement does not expressly include the provision described in this subdivision, and the lack of express inclusion of the provision in the agreement shall not be a basis for enforcement of the contract by a party thereto. (g) (1) The commission may, at its discretion, not apply the provisions of subdivision (a), (b), or (d), or paragraph (1) of subdivision (c) when the person who has been denied a license was denied that license solely due to the person’s failure to clearly establish eligibility and qualification for licensure as described in subdivision (a) of Section 19859. (2) Paragraph (1) shall not apply if additional grounds for denial of the license existed, whether or not those grounds were formally provided as the reason for the denial. (Amended by Stats. 2024, Ch. 138, Sec. 2. (SB 1519) Effective January 1, 2025.)
  114. 19879.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. )

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    If a person’s license application was denied by the commission, that person is restricted from profiting from, retaining interests in, or over-collecting on interests in certain business entities, subject to listed exceptions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 4. Licensing [19850 - 19879] ( Article 4 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19879. With regard to a person who has had their application for a license denied by the commission, all of the following shall apply: (a) Except as provided in subdivision (c), the person shall not be entitled to profit from any investment in any business entity that has applied for or been granted a state license. (b) The person shall not retain any interest in a business entity described in subdivision (a) beyond that period prescribed by the commission. (c) The person shall not accept more for their interest in a business entity described in subdivision (a) than they paid for it, or the market value on the date of the denial of the license or registration, whichever is higher. (d) Nothing in this section shall be construed as a restriction or limitation on the powers of the commission specified in this chapter. (e) (1) The commission may, at its discretion, not apply the provisions of this section when the person who has been denied a license was denied that license solely due to the person’s failure to clearly establish eligibility and qualification for licensure as described in subdivision (a) of Section 19859. (2) Paragraph (1) shall not apply if additional grounds for denial of the license existed, whether or not those grounds were formally provided as the reason for the denial. (Amended by Stats. 2024, Ch. 138, Sec. 3. (SB 1519) Effective January 1, 2025.)
  115. 19880.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 5. Licensing of Corporations [19880 - 19883] ( Article 5 added by Stats. 1997, Ch. 867, Sec. 3. )

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    A corporation seeking a gambling license must meet several corporate, recordkeeping, disclosure, and filing requirements.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 5. Licensing of Corporations [19880 - 19883] ( Article 5 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19880. In addition to the requirements of Section 19852, in order to be eligible to receive a gambling license as the owner of a gambling enterprise, a corporation shall comply with all of the following requirements: (a) Maintain an office of the corporation in the gambling establishment. (b) Comply with all of the requirements of the laws of this state pertaining to corporations. (c) Maintain, in the corporation’s principal office in California or in the gambling establishment, a ledger that meets both of the following conditions: (1) At all times reflects the ownership of record of every class of security issued by the corporation. (2) Is available for inspection by the department at all reasonable times without notice. (d) Supply supplemental forms and information, in accordance with Section 19865, with the initial license application, and thereafter only on request, to the department, which shall include, but not be limited to, all of the following: (1) The organization, financial structure, and nature of the business to be operated, including the names, personal and criminal history, and fingerprints of all officers and directors, and the names, addresses, and number of shares held by all stockholders of record. (2) The rights and privileges acquired by the holders of different classes of authorized securities, including debentures. (3) The terms on which securities are to be offered. (4) The terms and conditions on all outstanding loans, mortgages, trust deeds, pledges, or any other indebtedness or security interest. (5) The extent of the equity security holdings in the corporation of all officers, directors, and underwriters, and their remuneration as compensation for services, in the form of salary, wages, fees, or otherwise. (6) The amount of remuneration to persons other than directors and officers in excess of one hundred thousand dollars ($100,000) per annum. (7) Bonus and profit-sharing arrangements. (8) Management, consultant, and service contracts related to the operation of controlled gaming. (9) Options existing, or to be created, in respect of their securities or other interests. (10) Financial statements for at least three fiscal years preceding the year of registration, or, if the corporation has not been in existence for a period of three years, financial statements from the date of its formation. All financial statements shall be prepared in accordance with generally accepted accounting principles and audited by a licensee of the California Board of Accountancy. (11) Any further financial data that the department, with the approval of the commission, may deem necessary or appropriate for the protection of the state. (12) An annual profit-and-loss statement and an annual balance sheet, and a copy of its annual federal income tax return, within 30 calendar days after that return is filed with the Internal Revenue Service. (Amended by Stats. 2009, Ch. 233, Sec. 9. (AB 293) Effective January 1, 2010.)
  116. 19881.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 5. Licensing of Corporations [19880 - 19883] ( Article 5 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    A corporation may not get a gambling-enterprise license unless controlled gambling is listed as a purpose in its articles and those articles are approved by the department.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 5. Licensing of Corporations [19880 - 19883] ( Article 5 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19881. (a) A corporation is not eligible to receive a license to own a gambling enterprise unless the conduct of controlled gambling is among the purposes stated in its articles of incorporation and the articles of incorporation have been submitted to and approved by the department. (b) The Secretary of State shall not accept for filing any articles of incorporation of any corporation that include as a stated purpose the conduct of controlled gambling, or any amendment thereto, or any amendment that adds this purpose to articles of incorporation already filed, unless the articles have, or amendment has, been approved by the department. (Amended by Stats. 2013, Ch. 352, Sec. 48. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  117. 19882.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 5. Licensing of Corporations [19880 - 19883] ( Article 5 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    If the commission denies or revokes a license tied to a corporation’s security owner, the owner must sell the security within 60 days and may not receive dividends, vote, or take remuneration while the restriction applies.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 5. Licensing of Corporations [19880 - 19883] ( Article 5 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19882. (a) If at any time the commission denies a license to, or revokes the license of, an individual owner of any security issued by a corporation that applies for or holds an owner license, both of the following shall apply: (1) The commission shall immediately notify the individual and the corporation of that fact. (2) The owner of the security shall sell the security for an amount not greater than fair market value, within 60 calendar days of the denial or revocation. Upon a showing of due diligence, the commission may extend the time for selling the security. (b) Beginning upon the date when the commission serves notice of the denial upon the corporation, it is unlawful for the denied security owner to do any of the following: (1) Receive any dividend, income, or interest upon any security described in subdivision (a), except dividends equal to the good faith estimate of the owner’s personal share of any income tax due on the ownership interest until the date of the sale, as determined in writing by an independent certified public accountant, or as may be necessary to protect the election of the gambling enterprise to be treated as an “S corporation” under Subchapter S (commencing with Section 1361) of Chapter 1 of Subtitle A of the Internal Revenue Code. (2) Exercise, directly or through any trustee or nominee, any voting right conferred by any security described in subdivision (a). (3) Receive any remuneration in any form from the corporation for services rendered or for any other purpose. (c) Every security issued by a corporate owner licensee shall bear a statement, on both sides of the certificate evidencing the security, of the restrictions imposed by this section. (d) (1) The commission may, at its discretion, not apply the provisions of subdivision (b) or paragraph (2) of subdivision (a) when the person who has been denied a license was denied that license solely due to the person’s failure to clearly establish eligibility and qualification for licensure as described in subdivision (a) of Section 19859. (2) Paragraph (1) shall not apply if additional grounds for denial of the license existed, whether or not those grounds were formally provided as the reason for the denial. (Amended by Stats. 2024, Ch. 138, Sec. 4. (SB 1519) Effective January 1, 2025.)
  118. 19883.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 5. Licensing of Corporations [19880 - 19883] ( Article 5 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    Corporate owner licensees must require certain related persons to seek gambling licenses, report officer/director/key employee changes, and act quickly on licensing failures or suspensions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 5. Licensing of Corporations [19880 - 19883] ( Article 5 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19883. (a) To the extent required by this chapter, officers and directors, shareholders, lenders, holders of evidence of indebtedness, underwriters, agents, or employees of a corporate owner licensee shall be licensed individually. The corporation shall require these persons to apply for a gambling license, and shall notify the department of every change of corporate officers, directors, or key employees within 10 business days after the change. An officer, director, or key employee who is required to apply for a license shall apply for the license within 30 calendar days after he or she becomes an officer, director, or key employee. (b) The corporation shall immediately remove any officer or director required to apply for a license from any office or directorship if any of the following apply to that officer or director: (1) He or she fails to apply for the license within 30 calendar days after becoming an officer or director. (2) He or she is denied a license. (3) His or her license is revoked. (c) If the license of any officer or director is suspended, the corporation, immediately and for the duration of the suspension, shall suspend that officer or director. (d) If any shareholder who is required to apply for a gambling license fails to apply for the license within the time required, the shareholder shall be deemed to have been denied a license for purposes of subdivision (b) of Section 19882. (e) If any person, other than an officer, director, or shareholder, who is required to apply for a gambling license fails to do so, the failure may be deemed to be a failure of the corporate owner licensee to require the application. (Amended by Stats. 2007, Ch. 176, Sec. 31. Effective August 24, 2007.)
  119. 19890.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 6. Licensing of Partnerships and Limited Liability Companies [19890 - 19893] ( Heading of Article 6 amended by Stats. 2009, Ch. 233, Sec. 11. )

    Verify source ↗

    A partnership seeking a gambling license must meet several registration, office, recordkeeping, disclosure, and reporting requirements.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 6. Licensing of Partnerships and Limited Liability Companies [19890 - 19893] ( Heading of Article 6 amended by Stats. 2009, Ch. 233, Sec. 11. ) ## 19890. In addition to the requirements of Section 19852, in order to be eligible to receive a gambling license to own a gambling enterprise, a partnership shall comply with all of the following requirements: (a) Be registered as may be required under the laws of this state. (b) Maintain an office of the partnership in the gambling establishment. (c) Comply with all of the requirements of the laws of this state pertaining to partnerships. (d) Maintain an ongoing ledger in an office of the partnership in California that shall meet both of the following conditions: (1) At all times reflects the ownership of all interests in the partnership. (2) Be available for inspection by the department at all reasonable times without notice. (e) Supply the following supplemental forms and information in accordance with Section 19865 with the initial license application, and thereafter upon request, to the department, which shall include, but not be limited to: (1) The organization, financial structure, and nature of the business to be operated, including the name, address, personal history, interest, and fingerprints of each partner and manager. (2) The rights, privileges, and relative priorities of any partners as to the return of contributions to capital, and the right to receive income, accept losses, and incur liabilities. (3) The terms on which partnership interests are to be offered. (4) The terms and conditions on all outstanding loans, mortgages, trust deeds, pledges, or any other indebtedness or security interest. (5) The extent of the holding in the partnership of all underwriters, and their remuneration as compensation for services, in the form of salary, wages, fees, or otherwise. (6) The remuneration to persons other than general partners in excess of one hundred thousand dollars ($100,000) per annum. (7) Bonus and profit-sharing arrangements. (8) Management, consulting, and service contracts related to the operation of controlled gambling. (9) Options existing or to be created. (10) Financial statements for at least three fiscal years preceding the year of registration, or, if the partnership has not been in existence for a period of three years, financial statements from the date of its formation. All financial statements shall be prepared in accordance with generally accepted accounting principles and audited by a licensee of the California Board of Accountancy in accordance with generally accepted auditing standards. (11) Any further financial data that the department reasonably deems necessary or appropriate for the protection of the state. (12) An annual profit-and-loss statement, an annual balance sheet, and a copy of its annual federal income tax return, within 30 calendar days after the return is filed with the Internal Revenue Service. (Amended by Stats. 2009, Ch. 233, Sec. 12. (AB 293) Effective January 1, 2010.)
  120. 19890.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 6. Licensing of Partnerships and Limited Liability Companies [19890 - 19893] ( Heading of Article 6 amended by Stats. 2009, Ch. 233, Sec. 11. )

    Verify source ↗

    A limited liability company seeking a gambling license must satisfy several registration, office, recordkeeping, disclosure, and filing requirements.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 6. Licensing of Partnerships and Limited Liability Companies [19890 - 19893] ( Heading of Article 6 amended by Stats. 2009, Ch. 233, Sec. 11. ) ## 19890.5. In addition to the requirements of Section 19852, in order to be eligible to receive a gambling license to own a gambling enterprise, a limited liability company shall comply with all of the following requirements: (a) Be registered to do business in California. (b) Maintain an office in the gambling establishment. (c) Comply with all of the requirements of the laws of this state pertaining to a limited liability company. (d) Maintain an ongoing ledger in an office of the limited liability company in California that shall meet both of the following conditions: (1) At all times reflect the ownership, membership, and management interests. (2) Be available for inspection by the department at all reasonable times without notice. (e) Supply the following supplemental forms and information in accordance with Section 19865 with the initial application, and thereafter upon request to the department, which shall include, but not be limited to, all of the following: (1) The organization, financial structure, and nature of the business to be operated, including the names, personal and criminal history, and fingerprints of all members and managers, and the name, address, and interest of each owner, member, and manager. (2) The rights, privileges, and relative priorities of members as to the return of contributions to capital, and the right to receive income, accept losses, and incur liabilities. (3) The terms on which membership interests are to be offered. (4) The terms and conditions on all outstanding loans, mortgages, trust deeds, pledges, or any other indebtedness or security interest. (5) The extent of the holding in the limited liability company of all underwriters, and their remuneration as compensation for services, in the form of salary, wages, fees, or otherwise. (6) The remuneration to persons other than managers or members in excess of one hundred thousand dollars ($100,000) per annum. (7) Bonus and profit-sharing arrangements. (8) Management, consulting, and service contracts related to the operation of controlled gambling. (9) Options existing or to be created. (10) Financial statements for at least three fiscal years preceding the year of application, or, if the limited liability company has not been in existence for a period of three years, financial statements from the date of its formation. All financial statements shall be prepared in accordance with generally accepted accounting principles and audited by a licensee of the California Board of Accountancy in accordance with generally accepted auditing standards. (11) Any further financial data that the department reasonably deems necessary or appropriate for the protection of the state. (12) An annual profit-and-loss statement, an annual balance sheet, and a copy of its annual federal income tax return, within 30 calendar days after the return is filed with the Internal Revenue Service. (Added by Stats. 2009, Ch. 233, Sec. 13. (AB 293) Effective January 1, 2010.)
  121. 19891.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 6. Licensing of Partnerships and Limited Liability Companies [19890 - 19893] ( Heading of Article 6 amended by Stats. 2009, Ch. 233, Sec. 11. )

    Verify source ↗

    A limited partnership cannot get a license to own a gambling enterprise unless gambling is listed as one of the purposes in its certificate of limited partnership.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 6. Licensing of Partnerships and Limited Liability Companies [19890 - 19893] ( Heading of Article 6 amended by Stats. 2009, Ch. 233, Sec. 11. ) ## 19891. No limited partnership is eligible to receive a license to own a gambling enterprise unless the conduct of gambling is among the purposes stated in the certificate of limited partnership. (Added by renumbering Section 19881 by Stats. 2002, Ch. 738, Sec. 70. Effective January 1, 2003.)
  122. 19892.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 6. Licensing of Partnerships and Limited Liability Companies [19890 - 19893] ( Heading of Article 6 amended by Stats. 2009, Ch. 233, Sec. 11. )

    Verify source ↗

    Transfers or other dispositions of an interest in a gambling-license partnership or LLC are void unless approved in advance by the commission, and a denied or revoked owner must sell the interest within 60 calendar days.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 6. Licensing of Partnerships and Limited Liability Companies [19890 - 19893] ( Heading of Article 6 amended by Stats. 2009, Ch. 233, Sec. 11. ) ## 19892. (a) The purported sale, assignment, transfer, pledge, or other disposition of any interest in a partnership or limited liability company that holds a gambling license, or the grant of an option to purchase the interest, is void unless approved in advance by the commission. (b) (1) If at any time the commission denies a license to, or revokes the license of, an individual owner of any interest described in subdivision (a), the commission shall immediately notify the individual and the partnership or limited liability company of that fact. (2) The individual denied a license, or whose license is revoked, shall sell their interest in an amount not greater than fair market value, within 60 calendar days of the denial or revocation. Upon a showing of due diligence, the commission may extend the time for selling the security. (c) Beginning upon the date when the commission serves a notice of denial upon the partnership or limited liability company, it is unlawful for the denied owner of the interest to do any of the following: (1) Receive any share of the revenue or interest upon the partnership or limited liability company interest, except distributions equal to the good faith estimate of the owner’s personal share of any income tax due on the ownership interest until the date of the sale as determined in writing by an independent certified public accountant. (2) Exercise, directly or through any trustee or nominee, any voting right conferred by that interest. (3) Receive any remuneration in any form from the partnership, for services rendered or for any other purpose. (d) Every certificate of limited partnership of any limited partnership or limited liability company holding a gambling license shall contain a statement of the restrictions imposed by this section. (e) (1) The commission may, at its discretion, not apply the provisions of subdivision (c) or paragraph (2) of subdivision (b) when the person who has been denied a license was denied that license solely due to the person’s failure to clearly establish eligibility and qualification for licensure as described in subdivision (a) of Section 19859. (2) Paragraph (1) shall not apply if additional grounds for denial of the license existed, whether or not those grounds were formally provided as the reason for the denial. (Amended by Stats. 2024, Ch. 138, Sec. 5. (SB 1519) Effective January 1, 2025.)
  123. 19893.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 6. Licensing of Partnerships and Limited Liability Companies [19890 - 19893] ( Heading of Article 6 amended by Stats. 2009, Ch. 233, Sec. 11. )

    Verify source ↗

    Certain partners, members, managers, lenders, agents, and employees linked to a gambling-license applicant or holder must be individually licensed, and the partnership or LLC must make them apply.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 6. Licensing of Partnerships and Limited Liability Companies [19890 - 19893] ( Heading of Article 6 amended by Stats. 2009, Ch. 233, Sec. 11. ) ## 19893. To the extent required by this chapter, general partners, limited partners, lenders, members, managers, holders of evidence of indebtedness, underwriters, agents, or employees of a partnership or limited liability company that holds or applies for a license to own a gambling enterprise shall be licensed individually. The partnership or limited liability company shall require these persons to apply for and obtain a gambling license. A person who is required to be licensed by this section as a partner, manager, or member shall not hold that position until he or she secures the required approval of, or a temporary license issued by, the commission. A person who is required to be licensed pursuant to a decision of the commission shall apply for a license within 30 days after the commission requests him or her to do so. (Amended by Stats. 2009, Ch. 233, Sec. 15. (AB 293) Effective January 1, 2010.)
  124. 19900.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. )

    Verify source ↗

    Security interests covered by this section cannot be enforced without prior approval from the commission and compliance with commission regulations, unless commission regulations provide otherwise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. ) ## 19900. (a) Except as may be provided by regulation of the commission, the following security interests shall not be enforced without the prior approval of the commission and compliance with regulations adopted pursuant to subdivision (b): (1) In a security issued by a corporation that is a holder of a gambling license in this state. (2) In a security issued by a holding company that is not a publicly traded corporation. (3) In a security issued by a partnership, limited partnership, or limited liability company that is a holder of a gambling license in this state. (b) The commission shall adopt regulations establishing the procedure for the enforcement of a security interest. Any remedy provided by the regulations for the enforcement of the security interest is in addition to any other remedy provided by law. (Amended by Stats. 2009, Ch. 233, Sec. 16. (AB 293) Effective January 1, 2010.)
  125. 19901.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. )

    Verify source ↗

    Certain transactions with a gambling licensee are unlawful unless they comply with commission regulations.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. ) ## 19901. It is unlawful for any person to sell, purchase, lease, hypothecate, borrow or loan money, or create a voting trust agreement or any other agreement of any sort to, or with, any licensee in connection with any controlled gambling operation licensed under this chapter or with respect to any portion of the gambling operation, except in accordance with the regulations of the commission. (Added by renumbering Section 19901A by Stats. 2002, Ch. 738, Sec. 74. Effective January 1, 2003.)
  126. 19902.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. )

    Verify source ↗

    A seller or lessor may not set a closing date before the commission approves or licenses the purchaser or lessee when that approval is required.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. ) ## 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 prior to that approval or licensing by the commission. 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. (Amended by Stats. 2011, Ch. 391, Sec. 1. (AB 156) Effective January 1, 2012.)
  127. 19903.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. )

    Verify source ↗

    Contracts to sell or lease certain property must include a commission-approved clause about who pays fees tied to later deficiency determinations before closing.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. ) ## 19903. 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 contain a provision satisfactory to the commission regarding responsibility for the payment of any fees due pursuant to any subsequent deficiency determinations made under this chapter that shall encompass any period of time before the closing date of the transaction. (Added by renumbering Section 19903A by Stats. 2002, Ch. 738, Sec. 76. Effective January 1, 2003.)
  128. 19904.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. )

    Verify source ↗

    Certain transfers or sales of interests in gambling-license holders are void unless the commission approves them in advance.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. ) ## 19904. The purported sale, assignment, transfer, pledge, or other disposition of any security issued by a corporation, membership interest of a limited liability company, or ownership interest of a partnership or sole proprietor that holds a gambling license, or the grant of an option to purchase that interest or security, is void unless approved in advance by the commission. (Amended by Stats. 2023, Ch. 302, Sec. 6. (AB 1271) Effective January 1, 2024.)
  129. 19905.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. )

    Verify source ↗

    Owner licensees involved in certain credit or money transactions must keep a record or file a report if regulations require it.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. ) ## 19905. Every owner licensee that is involved in a transaction for the extension or redemption of credit by the licensee, or for the payment, receipt, or transfer of coin, currency, or other monetary instruments, as specified by the commission, in an amount, denomination, or amount and denomination, or under circumstances prescribed by regulations, and any other participant in the transaction, as specified by the commission, shall, if required by regulation, make and retain a record of, or file with the department a report on, the transaction, at the time and in the manner prescribed by regulations. (Amended by Stats. 2007, Ch. 176, Sec. 34. Effective August 24, 2007.)
  130. 19906.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. )

    Verify source ↗

    A gambling enterprise sale contract must say whether the buyer will honor the seller’s outstanding gaming chips, or explain how those chips will be redeemed by closing.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 7. Restrictions on Certain Transactions [19900 - 19906] ( Article 7 repealed (in Sec. 3) and added by Stats. 1997, Ch. 867, Sec. 40. ) ## 19906. (a) A contract for the sale of a gambling enterprise shall state whether any outstanding gaming chips from the seller will be honored by the purchaser. If the contract does not require the purchaser to honor the outstanding gaming chips used by the seller, then the contract shall indicate what provisions have been made for the redemption of outstanding gaming chips as of the closing date of the sale. (b) Prior to any action of the commission on the proposed contract for sale of the gambling enterprise, the department shall determine the amount of the seller’s outstanding gaming chip liability. The seller shall satisfy the commission that the amount of liability is safeguarded by a surety bond, escrow account, or other form of security sufficient to guarantee the availability of funds for the redemption of outstanding gaming chips. The seller shall give notice to the patrons of the gambling enterprise in order to provide an adequate opportunity for redemption of any outstanding gaming chips. (Added by Stats. 2011, Ch. 391, Sec. 2. (AB 156) Effective January 1, 2012.)
  131. 19910.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 8. Work Permits [19910 - 19915] ( Article 8 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The department must keep informed about gambling enterprise employees and independent agents in California, and may recommend people for employment in gambling establishments to the commission when appropriate.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 8. Work Permits [19910 - 19915] ( Article 8 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19910. The Legislature finds that to protect and promote the health, safety, good order, and general welfare of the inhabitants of this state, and to carry out the policy declared by this chapter, it is necessary that the department ascertain and keep itself informed of the identity, prior activities, and present location of all gambling enterprise employees and independent agents in the State of California, and when appropriate to do so, recommend to the commission for approval persons for employment in gambling establishments as provided in this article. (Amended by Stats. 2007, Ch. 176, Sec. 35. Effective August 24, 2007.)
  132. 19911.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 8. Work Permits [19910 - 19915] ( Article 8 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    People under 21 cannot get a work permit. People ages 18 through 20 may work in a gambling establishment without a permit, but not on the gaming floor or in restricted-access areas.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 8. Work Permits [19910 - 19915] ( Article 8 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19911. (a) A person under 21 years of age is not eligible for a work permit, and a permit shall not be issued to a person under 21 years of age. (b) A person who is 18 through 20 years of age may be employed to work in a gambling establishment, without a work permit, but shall not be allowed to perform any duties of a gambling enterprise employee on the floor of the gambling establishment or in areas that are identified as restricted access areas to gambling enterprise employees, including, but not limited to, the cage, count room, surveillance room, security office, vault, and card storage. A person who is 18 through 20 years of age may be employed in job classifications that entail providing services exclusively off the gaming floor and that are not involved in the play of a controlled game. (Amended by Stats. 2019, Ch. 432, Sec. 2. (AB 649) Effective January 1, 2020.)
  133. 19912.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 8. Work Permits [19910 - 19915] ( Article 8 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    People generally cannot work as gambling enterprise employees or independent agents unless they have an approved work permit, with limited exceptions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 8. Work Permits [19910 - 19915] ( Article 8 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19912. (a) (1) A person shall not be employed as a gambling enterprise employee, or serve as an independent agent, except as provided in paragraph (2), (3), or (4), unless the person is the holder of one of the following: (A) A valid work permit issued in accordance with the applicable ordinance or regulations of the county, city, or city and county in which the person’s duties are performed. (B) A work permit issued by the commission pursuant to regulations adopted by the commission for the issuance and renewal of work permits. A work permit issued by the commission shall be valid for two years. A work permit, once issued by the commission, shall authorize a person to act as a gambling enterprise employee, or serve as an independent agent, until the expiration or revocation of that work permit and shall entitle the holder to work for any gambling enterprise for which the commission issues work permits as a gambling enterprise employee after proper notification to the department. (2) An independent agent is not required to hold a work permit if the independent agent is not a resident of this state and has registered with the department in accordance with regulations. (3) A person whose job duties are not supervisory, not related to the operation or administration of gambling, and who does not perform employment duties in the area where gambling is conducted, may begin working as a gambling enterprise employee after applying for a work permit provided that the person wears a temporary badge on their outermost garment at chest level with their name, picture, and the words “Non-Gaming Employee, Work Permit Pending.” Except as provided in paragraph (4), after the person has received a work permit, the person may perform any duties for which a work permit is required. If the person is denied a work permit, the person shall not work as a gambling enterprise employee in any gaming or nongaming job. (4) A person who is 18 through 20 years of age may be employed without a work permit and only in a position that is not supervisory, not related to the operation or administration of gambling, and not allowed to perform duties in an area in which gambling is conducted, until the person reaches 21 years of age, if the person wears a badge on their outermost garment at chest level with the words “Non-Gaming Employee: Under 21.” The badge shall have a different background color than the badges worn by other gambling enterprise employees. (b) Except as provided in this section, a work permit shall not be issued by the commission or by any city, county, or city and county to any person who would be disqualified from holding a state gambling license for the reasons specified in subdivisions (a) to (g), inclusive, of Section 19859. (c) The department may object to the issuance of a work permit by a city, county, or city and county for any cause specified under this chapter deemed reasonable by the department, and if the department objects to issuance of a work permit, the work permit issued by a city, county, or city and county shall be denied. (1) The commission shall adopt regulations specifying particular grounds for objection to issuance of, or refusal to issue, a work permit. (2) The ordinance of any city, county, or city and county relating to issuance of work permits shall permit the department to object to the issuance of any permit. (3) Any person whose application for a work permit has been denied because of an objection by the department may apply to the commission for an evidentiary hearing in accordance with regulations. (d) Application for a work permit for use in any jurisdiction where a locally issued work permit is not required by the licensing authority of a city, county, or city and county shall be made to the department, and may be granted or denied by the commission for any cause specified under this chapter. (1) If the commission denies the application, it shall include in its notice of denial a statement of facts upon which it relied in denying the application. (2) Upon receipt of an application for a work permit, the commission may issue a temporary work permit for a period specified by the commission, pending completion of the background investigation by the department and official action by the commission with respect to the work permit application. (e) An order of the commission denying an application for, or placing restrictions or conditions on, a work permit, including an order declining to issue a work permit following review pursuant to paragraph (3) of subdivision (c), may be reviewed in accordance with subdivision (f) of Section 19870. (Amended by Stats. 2023, Ch. 302, Sec. 7. (AB 1271) Effective January 1, 2024.)
  134. 19913.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 8. Work Permits [19910 - 19915] ( Article 8 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission may summarily suspend a person’s work permit if it finds the suspension is needed to protect public peace, health, safety, or general welfare.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 8. Work Permits [19910 - 19915] ( Article 8 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19913. (a) The commission may issue an order summarily suspending a person’s work permit, whether issued by a city, county, or city and county, or by the commission, upon a finding that the suspension is necessary for the immediate preservation of the public peace, health, safety, or general welfare. The order is effective when served upon the holder of the permit. (b) The order of summary suspension shall state facts upon which the finding of necessity for the suspension is based. For the purposes of this section, the order of summary suspension shall be deemed an accusation. (c) An order of summary suspension shall be signed by at least three members of the commission. (d) The person whose work permit is summarily suspended has a right to a hearing to commence not more than 30 calendar days from the date of service of the suspension. (Added by renumbering Section 19911A by Stats. 2002, Ch. 738, Sec. 82. Effective January 1, 2003.)
  135. 19914.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 8. Work Permits [19910 - 19915] ( Article 8 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission may revoke a work permit, and city or county licensing authorities must revoke it when notified, if specified misconduct or disqualification findings are made after a hearing.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 8. Work Permits [19910 - 19915] ( Article 8 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19914. (a) The commission may revoke a work permit or, if issued by the licensing authority of a city, county, or city and county, notify the authority to revoke it, and the licensing authority shall revoke it, if the commission finds, after a hearing, that a gambling enterprise employee or independent agent has failed to disclose, misstated, or otherwise misled the department or the commission with respect to any fact contained in any application for a work permit, or if the commission finds that the employee or independent agent, subsequent to being issued a work permit, has done any of the following: (1) Committed, attempted, or conspired to do any acts prohibited by this chapter. (2) Engaged in any dishonest, fraudulent, or unfairly deceptive activities in connection with controlled gambling, or knowingly possessed or permitted to remain in or upon any premises any cards, dice, mechanical devices, or any other cheating device. (3) Concealed or refused to disclose any material fact in any investigation by the department. (4) Committed, attempted, or conspired to commit, any embezzlement or larceny against a gambling licensee or upon the premises of a gambling establishment. (5) Been convicted in any jurisdiction of any offense involving or relating to gambling. (6) Accepted employment without prior commission approval in a position for which the employee or independent agent could be required to be licensed under this chapter after having been denied a license or after failing to apply for licensing when requested to do so by the commission. (7) Been refused the issuance of any license, permit, or approval to engage in or be involved with gambling or parimutuel wagering in any jurisdiction, or had the license, permit, or approval revoked or suspended. (8) Been prohibited under color of governmental authority from being present upon the premises of any licensed gambling establishment or any establishment where parimutuel wagering is conducted, for any reason relating to improper gambling activities or any illegal act. (9) Been convicted of any felony. (b) The commission shall revoke a work permit if it finds, after hearing, that the holder thereof would be disqualified from holding a state gambling license for the reasons specified in subdivision (f) or (g) of Section 19859. (c) This section shall not be construed to limit any powers of the commission with respect to licensing. (Amended by Stats. 2020, Ch. 370, Sec. 16. (SB 1371) Effective January 1, 2021.)
  136. 19915.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 8. Work Permits [19910 - 19915] ( Article 8 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    The commission’s work permit fee must stay between $25 and $250.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 8. Work Permits [19910 - 19915] ( Article 8 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19915. The fee for a work permit issued by the commission shall be not less than twenty-five dollars ($25) or more than two hundred fifty dollars ($250). (Added by renumbering Section 19913A by Stats. 2002, Ch. 738, Sec. 84. Effective January 1, 2003.)
  137. 19920.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 9. Conditions of Operation [19920 - 19924] ( Article 9 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    Owner licensees must maintain suitable operating methods for controlled gambling establishments in California.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 9. Conditions of Operation [19920 - 19924] ( Article 9 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19920. It is the policy of the State of California to require that all establishments wherein controlled gambling is conducted in this state be operated in a manner suitable to protect the public health, safety, and general welfare of the residents of the state. The responsibility for the employment and maintenance of suitable methods of operation rests with the owner licensee, and willful or persistent use or toleration of methods of operation deemed unsuitable by the commission or by local government shall constitute grounds for license revocation or other disciplinary action. (Added by renumbering Section 19915A by Stats. 2002, Ch. 738, Sec. 85. Effective January 1, 2003.)
  138. 19921.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 9. Conditions of Operation [19920 - 19924] ( Article 9 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    People under 21 generally cannot enter or linger in gambling areas or licensed gambling establishments, with limited exceptions for certain non-gaming areas, restrooms, supervised recreation rooms, and some employment-related areas.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 9. Conditions of Operation [19920 - 19924] ( Article 9 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19921. (a) A person under 21 years of age is not permitted to enter upon the premises of a licensed gambling establishment, or any part thereof, except for the following areas: (1) An area separated from a gambling area, used for a nongaming purpose, including for maintenance, parking, or business offices, or for the purpose of dining or food or beverage service or preparation. For purposes of this subdivision, a place where food or beverages are dispensed primarily by a vending machine is not a place for dining. (2) Restrooms. (3) A supervised room that is physically separated from a gambling area and used primarily for the purpose of entertainment or recreation. (4) Those areas authorized in connection with employment in accordance with subdivision (b) of Section 19911. (b) A person who is under 21 years of age and not a gambling enterprise employee may enter upon or pass through a gambling area on a designated pathway to reach any of the areas described in paragraphs (1) to (3), inclusive, of subdivision (a) only if accompanied by a person or gambling enterprise employee who is 21 years of age or over. (c) A person under 21 years of age shall not be permitted to loiter in a gaming area. (Amended by Stats. 2019, Ch. 432, Sec. 5. (AB 649) Effective January 1, 2020.)
  139. 19922.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 9. Conditions of Operation [19920 - 19924] ( Article 9 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    An owner licensee must not operate a gambling enterprise in violation of this chapter or any regulation adopted under it.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 9. Conditions of Operation [19920 - 19924] ( Article 9 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19922. No owner licensee shall operate a gambling enterprise in violation of any provision of this chapter or any regulation adopted pursuant to this chapter. (Added by renumbering Section 19916 by Stats. 2002, Ch. 738, Sec. 87. Effective January 1, 2003.)
  140. 19923.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 9. Conditions of Operation [19920 - 19924] ( Article 9 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    An owner licensee must not operate a gambling enterprise in violation of any governing local ordinance.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 9. Conditions of Operation [19920 - 19924] ( Article 9 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19923. No owner licensee shall operate a gambling enterprise in violation of any governing local ordinance. (Added by renumbering Section 19917 by Stats. 2002, Ch. 738, Sec. 88. Effective January 1, 2003.)
  141. 19924.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 9. Conditions of Operation [19920 - 19924] ( Article 9 added by Stats. 1997, Ch. 867, Sec. 3. )

    Verify source ↗

    Each owner licensee must maintain security controls for the gambling premises and gambling-related operations, and those controls need commission approval.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 9. Conditions of Operation [19920 - 19924] ( Article 9 added by Stats. 1997, Ch. 867, Sec. 3. ) ## 19924. Each owner licensee shall maintain security controls over the gambling premises and all operations therein related to gambling, and those security controls are subject to the approval of the commission. (Added by renumbering Section 19918A by Stats. 2002, Ch. 738, Sec. 89. Effective January 1, 2003.)
  142. 19930.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 10. Disciplinary Actions [19930 - 19932] ( Article 10 heading added by Stats. 2002, Ch. 738, Sec. 91. )

    Verify source ↗

    The department must investigate gambling-control matters, and the commission or an administrative law judge may impose fines, penalties, or cost orders in specified cases.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 10. Disciplinary Actions [19930 - 19932] ( Article 10 heading added by Stats. 2002, Ch. 738, Sec. 91. ) ## 19930. (a) The department shall make appropriate investigations as follows: (1) Determine whether there has been any violation of this chapter or any regulations adopted thereunder. (2) Determine any facts, conditions, practices, or matters that it may deem necessary or proper to aid in the enforcement of this chapter or any regulation adopted thereunder. (3) To aid in adopting regulations. (4) To secure information as a basis for recommending legislation relating to this chapter. (b) If, after any investigation, the department is satisfied that a license, permit, finding of suitability, or approval should be suspended or revoked, it shall file an accusation with the commission in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) In addition to any action that the commission may take against a license, permit, finding of suitability, or approval, the commission may also require the payment of fines or penalties. However, no fine imposed shall exceed twenty thousand dollars ($20,000) for each separate violation of any provision of this chapter or any regulation adopted thereunder. (d) In any case in which the administrative law judge recommends that the commission revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee or applicant for a license to pay the department the reasonable costs of the investigation and prosecution of the case. (1) The costs assessed pursuant to this subdivision shall be fixed by the administrative law judge and may not be increased by the commission. When the commission does not adopt a proposed decision and remands the case to the administrative law judge, the administrative law judge may not increase the amount of any costs assessed in the proposed decision. (2) The department may enforce the order for payment in the superior court in the county in which the administrative hearing was held. The right of enforcement shall be in addition to any other rights that the department may have as to any licensee directed to pay costs. (3) In any judicial action for the recovery of costs, proof of the commission’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (e) Notwithstanding any other provision of law, all costs recovered under this section shall be deposited in the fines and penalties account, a special account described in subdivision (a) of Section 19950. (f) For purposes of this section, “costs” include costs incurred for any of the following: (1) The investigation of the case by the department. (2) The preparation and prosecution of the case by the Office of the Attorney General. (Amended by Stats. 2007, Ch. 176, Sec. 38. Effective August 24, 2007.)
  143. 19931.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 10. Disciplinary Actions [19930 - 19932] ( Article 10 heading added by Stats. 2002, Ch. 738, Sec. 91. )

    Verify source ↗

    The department may issue emergency orders against certain licensees or related persons, must state the grounds for the order, and must file an accusation within two calendar days. The affected person or entity is entitled to a hearing, and a court may extend the hearing deadline for good cause.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 10. Disciplinary Actions [19930 - 19932] ( Article 10 heading added by Stats. 2002, Ch. 738, Sec. 91. ) ## 19931. (a) The department may issue any emergency orders against an owner licensee, or any person involved in a transaction requiring prior approval, that the department deems reasonably necessary for the immediate preservation of the public peace, health, safety, or general welfare. (b) The emergency order shall set forth the grounds upon which it is based, including a statement of facts constituting the alleged emergency necessitating the action. (c) The emergency order is effective immediately upon issuance and service upon the owner licensee or any agent of the licensee registered with the department for receipt of service, or, in cases involving prior approval, upon issuance and service upon the person or entity involved, or upon an agent of that person or entity authorized to accept service of process in this state. The emergency order may suspend, limit, condition, or take other action in relation to the license of one or more persons in an operation without affecting other individual licensees, registrants, or the licensed gambling establishment. The emergency order remains effective until further order of the commission at a meeting or final disposition of a proceeding conducted pursuant to subdivision (d). (d) Within two calendar days after issuance of an emergency order, the department shall file an accusation with the commission against the person or entity involved. Thereafter, the person or entity against whom the emergency order has been issued and served is entitled to a hearing that, if so requested, shall commence within 10 business days of the date of the request if a gambling operation is closed by the order, and in all other cases, within 30 calendar days of the date of the request. On application of the department, and for good cause shown, a court may extend the time within which a hearing is required to be commenced, upon those terms and conditions that the court deems equitable. (Amended by Stats. 2021, Ch. 553, Sec. 4. (SB 819) Effective January 1, 2022.)
  144. 19932.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 10. Disciplinary Actions [19930 - 19932] ( Article 10 heading added by Stats. 2002, Ch. 738, Sec. 91. )

    Verify source ↗

    A person who is aggrieved by certain final commission decisions may seek judicial review in Sacramento Superior Court, and the court can deny, hear, or decide the petition under the stated record-review rules.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 10. Disciplinary Actions [19930 - 19932] ( Article 10 heading added by Stats. 2002, Ch. 738, Sec. 91. ) ## 19932. (a) Any person aggrieved by a final decision or order of the commission that limits, conditions, suspends, or revokes any previously granted license or approval, made after hearing by the commission, may petition the Superior Court for the County of Sacramento for judicial review pursuant to Section 1094.5 of the Code of Civil Procedure and Section 11523 of the Government Code. Notwithstanding any other provision of law, the standard set forth in paragraph (1) of subdivision (h) of Section 1094.5 of the Code of Civil Procedure shall apply for obtaining a stay of the operation of a final decision or order of the commission. In every case where it is claimed that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in light of the whole record. (b) The court may summarily deny the petition, or the court may issue an alternative writ directing the commission to certify the whole record in the case to the court within a time specified. No new or additional evidence shall be introduced in the court, but, if an alternative writ issues, the cause shall be heard on the whole record as certified by the commission. (c) In determining the cause following issuance of an alternative writ, the court shall enter judgment affirming, modifying, or reversing the order of the commission, or the court may remand the case for further proceedings before, or reconsideration by, the commission. (d) Except as otherwise provided in Section 19870 and subdivision (e) in Section 19912, this section provides the exclusive means to review adjudicatory decisions of the commission. (Amended by Stats. 2009, Ch. 233, Sec. 19. (AB 293) Effective January 1, 2010.)
  145. 19940.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 11. Penalties [19940 - 19944] ( Article 11 heading added by Stats. 2002, Ch. 738, Sec. 96. )

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    A person on the gambling exclusion list commits a misdemeanor if they knowingly enter a licensed gambling establishment.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 11. Penalties [19940 - 19944] ( Article 11 heading added by Stats. 2002, Ch. 738, Sec. 96. ) ## 19940. 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. (Added by renumbering Section 19930 by Stats. 2002, Ch. 738, Sec. 97. Effective January 1, 2003.)
  146. 19941.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 11. Penalties [19940 - 19944] ( Article 11 heading added by Stats. 2002, Ch. 738, Sec. 96. )

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    People under 21 may not gamble, collect winnings, work in a licensed gambling establishment (subject to Section 19912), use false age ID to do those things, or loiter where gambling games are operated. Licensees or employees who knowingly break or permit these rules commit a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 11. Penalties [19940 - 19944] ( Article 11 heading added by Stats. 2002, Ch. 738, Sec. 96. ) ## 19941. (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. (c) A person under 21 years of age who violates this section 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. (Amended by Stats. 2019, Ch. 432, Sec. 6. (AB 649) Effective January 1, 2020.)
  147. 19942.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 11. Penalties [19940 - 19944] ( Article 11 heading added by Stats. 2002, Ch. 738, Sec. 96. )

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    A person who willfully fails to report or pay certain license fees, or tries to evade them, can be punished by county jail time, a fine up to $5,000, or both. A willful violation of another chapter provision with no separate penalty is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 11. Penalties [19940 - 19944] ( Article 11 heading added by Stats. 2002, Ch. 738, Sec. 96. ) ## 19942. (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. (Added by renumbering Section 19933 by Stats. 2002, Ch. 738, Sec. 99. Effective January 1, 2003.)
  148. 19943.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 11. Penalties [19940 - 19944] ( Article 11 heading added by Stats. 2002, Ch. 738, Sec. 96. )

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    People or businesses engaged in controlled gambling can be fined if they knowingly and willfully ignore commission regulations, and the commission may set a penalty for each violation.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 11. Penalties [19940 - 19944] ( Article 11 heading added by Stats. 2002, Ch. 738, Sec. 96. ) ## 19943. (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. (Added by renumbering Section 19933.5A by Stats. 2002, Ch. 738, Sec. 100. Effective January 1, 2003.)
  149. 19943.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 11. Penalties [19940 - 19944] ( Article 11 heading added by Stats. 2002, Ch. 738, Sec. 96. )

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    A gambling enterprise may use the department’s approval of a controlled game as a complete defense if the game was approved, played as approved, played during the approved time, and stopped after notice that it was unlawful.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 11. Penalties [19940 - 19944] ( Article 11 heading added by Stats. 2002, Ch. 738, Sec. 96. ) ## 19943.5. 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. (Added by Stats. 2011, Ch. 391, Sec. 3. (AB 156) Effective January 1, 2012.)
  150. 19944.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 11. Penalties [19940 - 19944] ( Article 11 heading added by Stats. 2002, Ch. 738, Sec. 96. )

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    A person who willfully obstructs the department, the commission, or their agents or employees while they perform duties under this chapter commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 11. Penalties [19940 - 19944] ( Article 11 heading added by Stats. 2002, Ch. 738, Sec. 96. ) ## 19944. 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. (Amended by Stats. 2007, Ch. 176, Sec. 41. Effective August 24, 2007.)
  151. 19950.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 12. Revenues [19950 - 19955] ( Article 12 heading added by Stats. 2002, Ch. 738, Sec. 103. )

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    Certain gambling-control fines, penalties, fees, and revenues must be placed into specified funds and may be spent only with appropriation for the stated chapter purposes.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 12. Revenues [19950 - 19955] ( Article 12 heading added by Stats. 2002, Ch. 738, Sec. 103. ) ## 19950. (a) All fines and penalties collected pursuant to this chapter shall be deposited in a special account in the General Fund, and, upon appropriation, may be expended by the Department of Justice to offset costs incurred pursuant to this chapter. (b) Except as otherwise provided in subdivision (a), all fees and revenue collected pursuant to this chapter shall be deposited in the Gambling Control Fund, which is hereby created in the State Treasury. The funds deposited in the Gambling Control Fund shall be available, upon appropriation by the Legislature, for expenditure by the department and commission exclusively for the support of the department and commission in carrying out their duties and responsibilities under this chapter. (Amended by Stats. 2007, Ch. 176, Sec. 42. Effective August 24, 2007.)
  152. 19951.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 12. Revenues [19950 - 19955] ( Article 12 heading added by Stats. 2002, Ch. 738, Sec. 103. )

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    The commission sets fee amounts for gambling license applications and related licenses, with a cap of $1,200 for application fees. The department may allow annual or installment payment, and the commission must report fee levels every two years starting January 1, 2023.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 12. Revenues [19950 - 19955] ( Article 12 heading added by Stats. 2002, Ch. 738, Sec. 103. ) ## 19951. (a) Every application for a license or approval shall be accompanied by a fee as determined by the commission and adopted by regulation. The adopted fee shall not exceed one thousand two hundred dollars ($1,200). (b) (1) Any fee paid pursuant to this section, including all licenses issued to key employees and other persons whose names are endorsed upon the license, shall be assessed against the gambling license issued to the owner of the gambling establishment. This paragraph shall not apply to key employee licenses issued on and after January 1, 2009, or the implementation of regulations establishing a personal key employee license adopted pursuant to Section 19854, whichever is sooner. (2) (A) The fee for initial issuance of a state gambling license shall be an amount determined by the commission in accordance with regulations adopted pursuant to this chapter. (B) The fee for the renewal of a state gambling license shall be an amount determined by the commission in accordance with regulations adopted pursuant to this chapter. (c) The department may provide for payment of the annual gambling license fee on an annual or installment basis. (d) It is the intent of the Legislature that the fees paid pursuant to this section are sufficient to enable the department and the commission to fully carry out their duties and responsibilities under this chapter. (e) The amount of fees collected pursuant to this section shall be limited to the reasonable regulatory expenditures of the department and the commission to administer this chapter. (f) (1) Beginning January 1, 2023, and every two years thereafter, the commission shall provide a report to the appropriate budget and policy committees of the Legislature detailing the fee levels established by the commission through regulations. (2) The report required by this subdivision shall describe how fees for each licensing category were calculated, including how licensee gross revenues and state regulatory costs were used in the calculation. If a workload-based methodology is used to establish fees, the commission shall include in its report a breakdown of the personnel cost, operating cost, and overhead cost figures used to determine fee levels. (Amended by Stats. 2022, Ch. 48, Sec. 3. (SB 189) Effective June 30, 2022.)
  153. 19952.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 12. Revenues [19950 - 19955] ( Article 12 heading added by Stats. 2002, Ch. 738, Sec. 103. )

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    The commission must set fees by regulation for special licenses used for irregular table operations at licensed gambling establishments, including tournaments and other special events.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 12. Revenues [19950 - 19955] ( Article 12 heading added by Stats. 2002, Ch. 738, Sec. 103. ) ## 19952. The commission, by regulation, shall establish fees for special licenses authorizing irregular operation of tables in excess of the total number of tables otherwise authorized to a licensed gambling establishment, for tournaments and other special events. (Added by renumbering Section 19942A by Stats. 2002, Ch. 738, Sec. 106. Effective January 1, 2003.)
  154. 19953.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 12. Revenues [19950 - 19955] ( Article 12 heading added by Stats. 2002, Ch. 738, Sec. 103. )

    Verify source ↗

    This section says the chapter does not limit a city, county, or city and county’s power to fix, impose, and collect a license tax.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 12. Revenues [19950 - 19955] ( Article 12 heading added by Stats. 2002, Ch. 738, Sec. 103. ) ## 19953. Nothing contained in this chapter shall be deemed to restrict or limit the power of any city, county, or city and county to fix, impose, and collect a license tax. (Added by renumbering Section 19944 by Stats. 2002, Ch. 738, Sec. 107. Effective January 1, 2003.)
  155. 19954.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 12. Revenues [19950 - 19955] ( Article 12 heading added by Stats. 2002, Ch. 738, Sec. 103. )

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    Each licensee must pay an additional $100 for each licensed table, on top of the Section 19951 fees, to the State Department of Public Health for the Gambling Addiction Program Fund.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 12. Revenues [19950 - 19955] ( Article 12 heading added by Stats. 2002, Ch. 738, Sec. 103. ) ## 19954. In addition to those fees required pursuant to Section 19951, each licensee shall pay an additional one hundred dollars ($100) for each table for which it is licensed to the State Department of Public Health for deposit in the Gambling Addiction Program Fund, which is hereby established to benefit those who have a gambling addiction problem. These funds shall be made available, upon appropriation by the Legislature, to community-based organizations that directly provide aid and assistance to those persons with a gambling addiction problem. (Amended by Stats. 2013, Ch. 22, Sec. 3. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  156. 19955.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 12. Revenues [19950 - 19955] ( Article 12 heading added by Stats. 2002, Ch. 738, Sec. 103. )

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    If an owner licensee does not timely pay required annual fees, the commission may order the gambling establishment closed temporarily for up to 90 days, and unpaid fees after that can result in the state gambling license being deemed surrendered.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 12. Revenues [19950 - 19955] ( Article 12 heading added by Stats. 2002, Ch. 738, Sec. 103. ) ## 19955. If an owner licensee fails to make timely payment of annual fees required under subparagraph (B) of paragraph (2) of subdivision (b) of Section 19951, the commission may order the temporary closure of the gambling establishment for up to 90 days after the payment due date, after which time, if the fees, or any portion thereof, remain unpaid, the gambling establishment’s state gambling license shall be deemed surrendered. (Added by Stats. 2010, Ch. 553, Sec. 2. (AB 2596) Effective January 1, 2011.)
  157. 19960.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. )

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    Local governments may adopt gambling ordinances if they are consistent with this chapter, but they may not issue a gambling license for a gambling establishment unless one of the listed local-approval conditions is met.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. ) ## 19960. This chapter shall not prohibit the enactment, amendment, or enforcement of any ordinance by any city, county, or city and county relating to licensed gambling establishments that is not inconsistent with this chapter. No city, county, or city and county shall issue a gambling license with respect to any gambling establishment unless one of the following is true: (a) The gambling establishment is located in a city, county, or city and county wherein, after January 1, 1984, an ordinance was adopted by the electors of the city, county, or city and county, in an election conducted pursuant to former Section 19819 of the Business and Professions Code, as that section read immediately before its repeal by the act that enacted this chapter. (b) The gambling establishment is located in a city, county, or city and county wherein, prior to January 1, 1984, there was in effect an ordinance that expressly authorized the operation of one or more cardrooms. (c) After the effective date of this chapter, a majority of the electors voting thereon affirmatively approve a measure permitting controlled gambling within that city, county, or city and county. (1) The measure to permit controlled gambling shall appear on the ballot in substantially the following form: “Shall licensed gambling establishments in which any controlled games permitted by law, such as draw poker, low-ball poker, panguine (pan), seven-card stud, or other lawful card games or tile games, are played, be allowed in _____? Yes ____ No ____.” (2) In addition, the initial implementing ordinances shall be drafted and appear in full on the sample ballot and shall set forth at least all of the following: (A) The hours of operation. (B) The games to be played. (C) The wagering limits. (D) The maximum number of gambling establishments permitted by the ordinance. (E) The maximum number of tables permitted in each gambling establishment. (d) The authorization of subdivision (c) is subject to Sections 19962 and 19963 until those sections are repealed. (Added by renumbering Section 19950 by Stats. 2002, Ch. 738, Sec. 110. Effective January 1, 2003.)
  158. 19961.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. )

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    Local governments may not validly expand gambling by ordinance unless the change is approved by voters, except for small increases under the 25% limit.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. ) ## 19961. (a) (1) Except as provided in paragraph (2), on or after the effective date of this chapter, any amendment to any ordinance that would result in an expansion of gambling in the city, county, or city and county, shall not be valid unless the amendment is submitted for approval to the voters of the city, county, or city and county, and is approved by a majority of the electors voting thereon. (2) Notwithstanding paragraph (1) and Section 19962, an ordinance may be amended without the approval of the electors after the effective date of this chapter to expand gambling by a change that results in an increase of less than 25 percent with respect to any of the matters set forth in paragraphs (1), (2), (3), and (5) of subdivision (b). Thereafter, any additional expansion shall be approved by a majority of the electors voting thereon. (b) For the purposes of this article, “expansion of gambling” means, when compared to that authorized on January 1, 1996, or under an ordinance adopted pursuant to subdivision (a) of Section 19960, whichever is the lesser number, a change that results in any of the following: (1) An increase of 25 percent or more in the number of gambling tables in the city, county, or city and county. (2) An increase of 25 percent or more in the number of licensed card rooms in the city, county, or city and county. (3) An increase of 25 percent or more in the number of gambling tables that may be operated in a gambling establishment in the city, county, or city and county. (4) The authorization of any additional form of gambling, other than card games, that may be legally played in this state, to be played at a gambling establishment in the city, county, or city and county. (5) An increase of 25 percent or more in the hours of operation of a gambling establishment in the city, county, or city and county. (c) The measure to expand gambling shall appear on the ballot in substantially the following form: “Shall gambling be expanded in ____ beyond that operated or authorized on January 1, 1996, by ____ (describe expansion) Yes ____ No ____.” (d) The authorization of subdivision (c) is subject to Sections 19962 and 19963 until those sections are repealed. (e) Increasing the number of games offered in a gambling establishment does not constitute an expansion of gambling pursuant to this section. (f) No city, county, or city and county shall amend its ordinance in a cumulative manner to increase gambling by more than 25 percent for the factors listed in subdivision (b), when compared to that authorized on January 1, 1996, without conducting an election pursuant to this section. (Amended by Stats. 2006, Ch. 181, Sec. 1. Effective January 1, 2007.)
  159. 19961.05.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. )

    Verify source ↗

    A city, county, or city and county may amend its ordinance to allow a gambling establishment to operate up to 24 hours a day, seven days a week, despite Sections 19961 and 19962.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. ) ## 19961.05. Notwithstanding Sections 19961 and 19962, a city, county, or city and county may amend its ordinance to increase the operating hours of a gambling establishment to up to 24 hours a day, seven days a week. (Added by Stats. 2017, Ch. 244, Sec. 1. (SB 654) Effective January 1, 2018.)
  160. 19961.06.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. )

    Verify source ↗

    A city, county, or city and county may, one time only, amend an ordinance to increase gambling tables by two in a gambling establishment, subject to the stated baseline dates and cross-reference limits.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. ) ## 19961.06. (a) Notwithstanding Sections 19961 and 19962, a city, county, or city and county may amend an ordinance to increase by two the number of gambling tables that may be operated in a gambling establishment in the city, county, or city and county, above the number of tables authorized in the ordinance that was in effect on January 1, 2010. A city, county, or city and county may exercise the authority provided by this subdivision only one time, but this authority shall be in addition to any authorization under any other law for a city, county, or city and county to increase the number of gambling tables that may be operated in a gambling establishment in the city, county, or city and county. (b) Notwithstanding Sections 19961 and 19962, and in addition to the authorization granted by subdivision (a), a city, county, or city and county may amend an ordinance to increase by two the number of gambling tables that may be operated in a gambling establishment in the city, county, or city and county, above the number of tables authorized in the ordinance that was in effect on January 1, 2013. A city, county, or city and county may exercise the authority provided by this subdivision only one time, but this authority shall be in addition to any authorization under any other law for a city, county, or city and county to increase the number of gambling tables that may be operated in a gambling establishment in the city, county, or city and county. (Amended by Stats. 2013, Ch. 745, Sec. 1. (AB 1039) Effective January 1, 2014.)
  161. 19961.07.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. )

    Verify source ↗

    A city, county, or city and county may amend an ordinance to allow limited increases in gambling tables at certain gambling establishments, subject to table-count and compliance conditions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. ) ## 19961.07. (a) Notwithstanding Sections 19961 and 19962, and except as provided in subdivision (b), a city, county, or city and county may amend an ordinance to increase the number of gambling tables that may be operated in a gambling establishment as follows: (1) The ordinance shall apply only to a gambling establishment that operates fewer than 20 gambling tables. (2) The ordinance shall allow a gambling establishment to increase the number of gambling tables operated at the gambling establishment by up to 2 additional tables within the first year after the ordinance takes effect, and up to 2 additional tables every four years thereafter, not to exceed 10 additional tables above the number of tables operated at the gambling establishment on January 1, 2023. A gambling establishment shall have all permitted gambling tables in operation and remain current in payment on all taxes and other applicable fees before an increase in gambling tables is allowed pursuant to this subdivision. (b) (1) The authority provided in subdivision (a) shall be in addition to any authorization under any other law in effect on December 31, 2022, for a city, county, or city and county to increase the number of gambling tables that may be operated in a gambling establishment in the city, county, or city and county. (2) Subdivision (a) does not apply to a city, county, or city and county that increased the number of gambling tables that may be operated in a gambling establishment, as described in paragraph (2) of subdivision (b) of Section 19962. (c) A city, county, or city and county’s jurisdictional limit may expand to accommodate the increase of gambling tables pursuant to this section. (Added by Stats. 2023, Ch. 8, Sec. 1. (AB 341) Effective January 1, 2024.)
  162. 19961.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. )

    Verify source ↗

    City or county ordinance amendments about gambling establishments or the Gambling Control Act must be sent to the department for review and comment before adoption.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. ) ## 19961.1. Any amendment to a city or county ordinance relating to gambling establishments, or the Gambling Control Act, shall be submitted to the department for review and comment, before the ordinance is adopted by the city or county. (Amended by Stats. 2007, Ch. 176, Sec. 44. Effective August 24, 2007.)
  163. 19962.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. )

    Verify source ↗

    Local governments may not newly authorize legal gambling in certain places, and they may not expand gambling beyond the limits stated here.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. ) ## 19962. (a) The governing body or the electors of a city, county, or city and county that has not authorized legal gambling within its boundaries prior to January 1, 1996, shall not authorize legal gambling. (b) (1) An ordinance in effect on January 1, 1996, that authorizes legal gambling within a city, county, or city and county shall not be amended to expand gambling in that jurisdiction beyond that permitted on January 1, 1996. (2) Notwithstanding paragraph (1), an ordinance that was approved by a majority of the voters in a city, county, or city and county in an election that occurred after November 1, 2020, that authorizes an increase in the number of gambling tables at a gambling establishment, and that became operative on January 1, 2023, as the result of the repeal of former Section 19962, as amended by Chapter 1 of Section 744 of the Statutes of 2018, shall continue to be valid on and after January 1, 2024. (3) Any amendment to an ordinance or adoption of an ordinance on or after January 1, 2023, by a city, county, or city and county resulting in an expansion of gambling that was not authorized or permitted under this chapter as of December 31, 2022, or that is not authorized or permitted under this section or Section 19961.07 shall be invalid and preempted. (c) This section shall remain in effect only until January 1, 2043, and as of that date is repealed. (Added by Stats. 2023, Ch. 8, Sec. 2. (AB 341) Effective January 1, 2024. Repealed as of January 1, 2043, by its own provisions.)
  164. 19963.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. )

    Verify source ↗

    The commission may not issue or approve certain gambling licenses, and some licenses issued in a specified period are invalid.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. ) ## 19963. (a) In addition to any other limitation on the expansion of gambling imposed by Section 19962 or any provision in this chapter, the commission shall not issue a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, unless an application to operate that establishment was on file with the department prior to September 1, 2000. (b) An application for a gambling license for a gambling establishment that was not licensed to operate on December 31, 2022, that is pending before the commission as of January 1, 2024, shall not be approved by the commission. (c) A gambling license for a gambling establishment that was not licensed to operate on December 31, 2022, and that was issued between December 31, 2022, and January 1, 2024, shall be invalid. (d) This section shall remain in effect only until January 1, 2043, and as of that date is repealed. (Added by Stats. 2023, Ch. 8, Sec. 3. (AB 341) Effective January 1, 2024. Repealed as of January 1, 2043, by its own provisions.)
  165. 19964.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. )

    Verify source ↗

    Local governments may not issue or keep in effect certain licenses for controlled games unless the applicant or local licensee is an owner licensee.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. ) ## 19964. No city, county, or city and county may grant, or permit to continue in effect, a license to deal, operate, carry on, conduct, maintain, or expose for play any controlled game to any applicant or holder of a local license unless the applicant or local licensee is an owner licensee as defined in this chapter. However, the issuance of a state gambling license to a person imposes no requirements upon the city, county, or city and county to issue a license to the person. (Added by renumbering Section 19951 by Stats. 2002, Ch. 738, Sec. 114. Effective January 1, 2003.)
  166. 19965.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. )

    Verify source ↗

    A city, county, or city and county may amend an ordinance to increase the number of gambling tables allowed in a gambling establishment, subject to the table-count ranges in the prior ordinance.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. ) ## 19965. Notwithstanding Sections 19961 and 19962, a city, county, or city and county may amend an ordinance to increase the number of gambling tables that may be operated in a gambling establishment as follows: (a) If the ordinance in effect on July 1, 2007, provided for five to eight tables, inclusive, the amended ordinance may allow an increase of three tables. (b) If the ordinance in effect on July 1, 2007, provided for nine to 12 tables, inclusive, the amended ordinance may allow an increase of four tables. (Added by Stats. 2008, Ch. 647, Sec. 1. Effective January 1, 2009.)
  167. 19966.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. )

    Verify source ↗

    When a city annexes an unincorporated area containing a gambling establishment, the city may adopt an ordinance to permit and regulate controlled gaming there.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 13. Local Governments [19960 - 19966] ( Article 13 heading added by Stats. 2002, Ch. 738, Sec. 109. ) ## 19966. If a gambling establishment is located in an unincorporated area annexed by a city, notwithstanding Section 19960 or 19962, without a local election other than the election to approve the annexation, the city acquiring jurisdiction may adopt an ordinance permitting and regulating controlled gaming in the existing gambling establishment, providing hours of operation, the games to be played, wagering limits, the maximum number of gambling establishments, and the maximum number of tables permitted in each gambling establishment, the same as those limits in any ordinance or resolutions that formerly applied to the gambling establishment. Where this article refers to an expansion of gaming as compared to that permitted on January 1, 1996, for the purposes of this section, that reference shall be to the ordinance or resolutions that governed the gambling establishment as of that date. (Added by Stats. 2009, Ch. 233, Sec. 21. (AB 293) Effective January 1, 2010.)
  168. 19970.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 14. Miscellaneous Provisions [19970 - 19972] ( Article 14 heading added by Stats. 2002, Ch. 738, Sec. 116. )

    Verify source ↗

    If part of this chapter is held invalid by a competent court, the rest of the chapter still applies.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 14. Miscellaneous Provisions [19970 - 19972] ( Article 14 heading added by Stats. 2002, Ch. 738, Sec. 116. ) ## 19970. If any clause, sentence, paragraph, or part of this chapter, for any reason, is adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter and the application thereof to other persons or circumstances, but shall be confined to the operation of the clause, sentence, paragraph, or part thereof directly involved in the controversy in which the judgment was rendered and to the person or circumstances involved. (Added by renumbering Section 19956 by Stats. 2002, Ch. 738, Sec. 117. Effective January 1, 2003.)
  169. 19971.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 14. Miscellaneous Provisions [19970 - 19972] ( Article 14 heading added by Stats. 2002, Ch. 738, Sec. 116. )

    Verify source ↗

    This section says the act is an exercise of the state’s police power and should be read broadly to protect public health, safety, and welfare.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 14. Miscellaneous Provisions [19970 - 19972] ( Article 14 heading added by Stats. 2002, Ch. 738, Sec. 116. ) ## 19971. This act is an exercise of the police power of the state for the protection of the health, safety, and welfare of the people of the State of California, and shall be liberally construed to effectuate those purposes. (Added by renumbering Section 19957 by Stats. 2002, Ch. 738, Sec. 118. Effective January 1, 2003.)
  170. 19972.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 14. Miscellaneous Provisions [19970 - 19972] ( Article 14 heading added by Stats. 2002, Ch. 738, Sec. 116. )

    Verify source ↗

    A state gambling license does not authorize anything beyond controlled gambling.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 14. Miscellaneous Provisions [19970 - 19972] ( Article 14 heading added by Stats. 2002, Ch. 738, Sec. 116. ) ## 19972. For the purposes of Section 3482 of the Civil Code, the issuance of a state gambling license shall not be construed to authorize any conduct or activity other than the conduct of controlled gambling. (Added by renumbering Section 19958 by Stats. 2002, Ch. 738, Sec. 119. Effective January 1, 2003.)
  171. 19980.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 15. Additional Restrictions Related to Fair Elections and Corruption of Regulators [19980 - 19983] ( Article 15 heading added by Stats. 2002, Ch. 738, Sec. 121. )

    Verify source ↗

    This section states legislative findings about keeping certain gambling-related elections fair and about preventing corruption in gambling regulation and prosecution.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 15. Additional Restrictions Related to Fair Elections and Corruption of Regulators [19980 - 19983] ( Article 15 heading added by Stats. 2002, Ch. 738, Sec. 121. ) ## 19980. (a) The Legislature finds and declares that there is a compelling governmental interest in ensuring that elections conducted pursuant to Section 19960 are conducted fairly and that electors in those elections are presented with fair and balanced arguments in support of and in opposition to the existence of gambling establishments. Large contributions by gambling operators or prospective gambling operators who will be financially interested in the outcome of the election often unfairly distort the context in which those elections take place. (b) In California, in other states, and in other countries, there is ample historical evidence of the potential for revenues derived from gambling to be used to corrupt political officials in the regulation or prosecution of crimes related to gambling activities, embezzlement, and money laundering. (c) This article is an exercise of the police power of the state for the protection of the health, safety, and welfare of the people of this state. (Added by renumbering Section 19959 by Stats. 2002, Ch. 738, Sec. 122. Effective January 1, 2003.)
  172. 19981.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 15. Additional Restrictions Related to Fair Elections and Corruption of Regulators [19980 - 19983] ( Article 15 heading added by Stats. 2002, Ch. 738, Sec. 121. )

    Verify source ↗

    Certain commission and department personnel are barred from post-employment representation, campaign contribution solicitation or acceptance, and some gambling-related interests or employment.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 15. Additional Restrictions Related to Fair Elections and Corruption of Regulators [19980 - 19983] ( Article 15 heading added by Stats. 2002, Ch. 738, Sec. 121. ) ## 19981. (a) A member of the commission, the executive director, the chief, and any employee of the commission or department designated by regulation, shall not, for a period of three years after leaving office or terminating employment, for compensation, act as agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before the commission or the department, or any officer or employee thereof, if the appearance or communication is for the purpose of influencing administrative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, or approval. (b) A member of the commission shall not solicit or accept campaign contributions from any person, including any applicant or licensee. (c) A member of the commission, the executive director, the chief, any employee of the commission, and any employee of the department who works on or supervises over gambling issues shall not, for a period of two years after leaving office or terminating employment, hold a direct or indirect interest in, hold employment with, represent, appear for, or negotiate on behalf of, a gambling establishment, gambling enterprise, registrant, or licensee. (Amended by Stats. 2017, Ch. 245, Sec. 1. (SB 666) Effective January 1, 2018.)
  173. 19982.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 15. Additional Restrictions Related to Fair Elections and Corruption of Regulators [19980 - 19983] ( Article 15 heading added by Stats. 2002, Ch. 738, Sec. 121. )

    Verify source ↗

    Gambling license applicants and renewals must file certain election-related disclosures with the department, and the commission may deny, suspend, or revoke a license if the applicant or licensee violated campaign finance disclosure or contribution limit laws tied to specified elections.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 15. Additional Restrictions Related to Fair Elections and Corruption of Regulators [19980 - 19983] ( Article 15 heading added by Stats. 2002, Ch. 738, Sec. 121. ) ## 19982. (a) A license may be denied, suspended, or revoked if the applicant or licensee, within three years prior to the submission of the license or renewal application, or any time thereafter, violates any law or ordinance with respect to campaign finance disclosure or contribution limitations applicable to an election that is conducted pursuant to Section 19960, former Section 19950, or pursuant to former Section 19819, as that section read immediately prior to its repeal by the act that enacted this chapter. (1) The remedies specified herein are in addition to any other remedy or penalty provided by law. (2) Any final determination by the Fair Political Practices Commission that the applicant did not violate any provision of state law within its jurisdiction shall be binding on the commission. (3) Any final determination by a city or county governmental body having ultimate jurisdiction over the matter that the applicant did not violate an ordinance with respect to campaign finance disclosure or contribution limitations applicable to an election conducted pursuant to Section 19960, former Section 19950, or former Section 19819, as that section read immediately prior to its repeal by the act that enacted this chapter, shall be binding on the commission. (b) Every applicant for a gambling license, or any renewal thereof, shall file with the department, at the time the license application or renewal is filed, the following information: (1) Any statement or other document required to be filed with the Fair Political Practices Commission relative to an election that is conducted pursuant to Section 19960, former Section 19950, or former Section 19819, as that section read immediately prior to its repeal by the act that enacted this chapter, within three years of the date on which the application is submitted. (2) Any statement or other document required to be filed with any local jurisdiction respecting campaign finance disclosure or contribution limitations applicable to an election that is conducted pursuant to Section 19960, former Section 19950, or former Section 19819, as that section read immediately prior to its repeal by the act that enacted this chapter, within three years of the date on which the application is submitted. (3) A report of any contribution of money or thing of value, in excess of one hundred dollars ($100), made to any committee, as defined by Section 82013 of the Government Code, associated with any election that is conducted pursuant to Section 19960, former Section 19950, or former Section 19819, as that section read immediately prior to its repeal by the act that enacted this chapter, within three years of the date on which the application is submitted. (4) A report of any other significant involvement by the applicant or licensee in an election that is conducted pursuant to Section 19960, former Section 19950, or former Section 19819, as that section read immediately prior to its repeal by the act that enacted this chapter, within three years of the date on which the application is submitted. (c) The commission shall adopt regulations to implement this section. (Amended by Stats. 2007, Ch. 176, Sec. 47. Effective August 24, 2007.)
  174. 19983.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 15. Additional Restrictions Related to Fair Elections and Corruption of Regulators [19980 - 19983] ( Article 15 heading added by Stats. 2002, Ch. 738, Sec. 121. )

    Verify source ↗

    If part of this article is found invalid because it conflicts with the Political Reform Act of 1974, that ruling is limited to the specific clause and situation involved and does not affect the rest of the chapter.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 15. Additional Restrictions Related to Fair Elections and Corruption of Regulators [19980 - 19983] ( Article 15 heading added by Stats. 2002, Ch. 738, Sec. 121. ) ## 19983. It is the intent of the Legislature that if any provision of this article is adjudged by a court to be invalid because of any conflict or inconsistency with the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code), as amended, that judgment shall not affect, impair, or invalidate any other provision of this chapter and the application thereof to other persons or circumstances, but shall be confined to the operation of the clause, sentence, paragraph, or part thereof directly involved in the controversy in which the judgment was rendered and to the person or circumstances involved. (Added by renumbering Section 19960.4 by Stats. 2002, Ch. 738, Sec. 125. Effective January 1, 2003.)
  175. 19984.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 16. Additional Contracts: Proposition Players [19984- 19984.] ( Article 16 heading added by Stats. 2002, Ch. 738, Sec. 126. )

    Verify source ↗

    A licensed gambling enterprise may contract with a third party for proposition player services, but the contract must be approved in advance and the enterprise may not have any interest in wagered, lost, or won funds.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 16. Additional Contracts: Proposition Players [19984- 19984.] ( Article 16 heading added by Stats. 2002, Ch. 738, Sec. 126. ) ## 19984. Notwithstanding any other law, a licensed gambling enterprise may contract with a third party for the purpose of providing proposition player services at a gambling establishment, subject to the following conditions: (a) Any agreement, contract, or arrangement between a gambling enterprise and a third-party provider of proposition player services shall be approved in advance by the department, and in no event shall a gambling enterprise or the house have any interest, whether direct or indirect, in funds wagered, lost, or won. (b) (1) The commission shall establish reasonable criteria for, and require the licensure and registration of, any person or entity that provides proposition player services at gambling establishments pursuant to this section, including owners, supervisors, and players. The commission may impose licensing requirements, disclosures, approvals, conditions, or limitations as it deems necessary to protect the integrity of controlled gambling in this state, and may assess, and the department may collect, reasonable fees and deposits as necessary to defray the costs of providing this regulation and oversight. (2) A person who owns or is employed by a third-party provider of proposition player services, including, but not limited to, an owner, supervisor, observer, or player, shall wear a badge that clearly identifies them as providing proposition player services, in a location that allows for public view, at all times while in a gambling establishment for which their third-party proposition player services company has a current contract. (c) The department, pursuant to regulations of the commission, is empowered to perform background checks, financial audits, and other investigatory services as needed to assist the commission in regulating third-party providers of proposition player services, and may assess and collect reasonable fees and deposits as necessary to defray the costs of providing this regulation and oversight. The department may adopt emergency regulations in order to implement this subdivision. (d) No agreement or contract between a licensed gambling enterprise and a third party concerning the provision of proposition player services shall be invalidated or prohibited by the department pursuant to this section until the commission establishes criteria for, and makes determinations regarding the licensure or registration of, the provision of these services pursuant to subdivision (b). (Amended by Stats. 2021, Ch. 553, Sec. 5. (SB 819) Effective January 1, 2022.)
  176. 19985.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 17. Nonprofit Organization Fundraisers [19985 - 19987] ( Article 17 added by Stats. 2006, Ch. 707, Sec. 1. )

    Verify source ↗

    The Legislature states that nonprofit organizations provide important services, that fundraising methods are needed to help them meet their purposes, that controlled games used to raise funds are in the public interest, and that regulation should be uniform.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 17. Nonprofit Organization Fundraisers [19985 - 19987] ( Article 17 added by Stats. 2006, Ch. 707, Sec. 1. ) ## 19985. The Legislature finds and declares the following: (a) Nonprofit organizations provide important and necessary services to the people of the State of California with respect to educational and social services and there is a need to provide methods of fundraising to nonprofit organizations so as to enable them to meet their stated purposes. (b) The playing of controlled games for the purpose of raising funds by nonprofit organizations is in the public interest. (c) Uniform regulation for the conduct of controlled games is in the best interests of nonprofit organizations and the people of this state. (Added by Stats. 2006, Ch. 707, Sec. 1. Effective January 1, 2007.)
  177. 19986.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 17. Nonprofit Organization Fundraisers [19985 - 19987] ( Article 17 added by Stats. 2006, Ch. 707, Sec. 1. )

    Verify source ↗

    A qualifying nonprofit may run a controlled-game fundraiser, but the fundraiser is tightly limited by time, frequency, prize values, revenue sharing, registration, and location rules.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 17. Nonprofit Organization Fundraisers [19985 - 19987] ( Article 17 added by Stats. 2006, Ch. 707, Sec. 1. ) ## 19986. (a) Notwithstanding any other provision of state law a nonprofit organization may conduct a fundraiser using controlled games as a funding mechanism to further the purposes and mission of the nonprofit organization. (b) A nonprofit organization holding a fundraiser pursuant to subdivision (a) shall not conduct more than one fundraiser per calendar year, and each fundraiser shall not exceed five consecutive hours. Each fundraiser shall be preapproved by the department. Eligible nonprofit organizations that have multiple chapters may hold one fundraiser per chapter per calendar year. (c) No cash prizes or wagers may be awarded to participants, however, the winner of each controlled game may be entitled to a prize from those donated to the fundraiser. An individual prize awarded to each winner shall not exceed a cash value of five hundred dollars ($500). For each event, the total cash value of prizes awarded shall not exceed five thousand dollars ($5,000). (d) At least 90 percent of the gross revenue from the fundraiser shall go directly to a nonprofit organization. Compensation shall not be paid from revenues required to go directly to the nonprofit organization for the benefit of which the fundraiser is conducted, and no more than 10 percent of the gross receipts of a fundraiser may be paid as compensation to the entity or persons conducting the fundraiser for the nonprofit organization. If an eligible nonprofit organization does not own a facility in which to conduct a fundraiser and is required to pay the entity or person conducting the fundraiser a rental fee for the facility, the fair market rental value of the facility shall not be included when determining the compensation payable to the entity or person for purposes of this section. This section does not preclude an eligible organization from using funds from sources other than the gross revenue of the fundraiser to pay for the administration or other costs of conducting the fundraiser. (e) An eligible nonprofit organization shall not conduct a fundraiser authorized by this section, unless it has been in existence and operation for at least three years and registers annually with the department. The department shall furnish a registration form on its Internet Web site or, upon request, to eligible nonprofit organizations. The department shall, by regulation, collect only the information necessary pursuant to this section on this form. This information shall include, but is not limited to, the following: (1) The name and address of the eligible organization. (2) The federal tax identification number, the corporate number issued by the Secretary of State, the organization number issued by the Franchise Tax Board, or the California charitable trust identification number of the eligible organization. (3) The name and title of a responsible fiduciary of the organization. (f) The department shall adopt regulations necessary to effectuate this section, including emergency regulations, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (g) The nonprofit organization shall maintain records for each fundraiser using controlled games, which shall include: (1) An itemized list of gross receipts for the fundraiser. (2) An itemized list of recipients of the net profit of the fundraiser, including the name, address, and purpose for which fundraiser proceeds are to be used. (3) The number of persons who participated in the fundraiser. (4) An itemized list of the direct cost incurred for each fundraiser. (5) A list of all prizes awarded during each fundraiser. (6) The date, hours, and location for each fundraiser held. (h) As used in this article, “nonprofit organization” means an organization that has been qualified to conduct business in California for at least three years prior to conducting controlled games and is exempt from taxation pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue and Taxation Code. (i) The department may take legal action against a registrant if it determines that the registrant has violated this section or any regulation adopted pursuant to this section, or that the registrant has engaged in any conduct that is not in the best interest of the public’s health, safety, or general welfare. Any action taken pursuant to this subdivision does not prohibit the commencement of an administrative or criminal action by the Attorney General, a district attorney, or county counsel. (j) The department may require an eligible organization to pay an annual registration fee of up to one hundred dollars ($100) per year to cover the actual costs of the department to administer and enforce this section. The annual registration fees shall be deposited by the department into the Gambling Control Fund. (k) No fundraiser permitted under this section may be conducted by means of, or otherwise utilize, any gaming machine, apparatus, or device that meets the definition of a slot machine contained in Section 330b or 330.1 of the Penal Code. (l) No more than four fundraisers at the same location, even if sponsored by different nonprofit organizations, shall be permitted in any calendar year, except in rural areas where preapproved by the department. For purposes of this section, “rural” shall mean any county with an urban influence code, as established by the latest publication of the Economic Research Service of the United States Department of Agriculture, of “3” or more. (m) The authority to conduct a fundraiser, as well as the type of controlled games, may be governed by local ordinance. (n) No person shall be permitted to participate in the fundraiser unless that person is at least 21 years of age. (o) No fundraiser permitted under this section may be operated or conducted over the Internet. (Amended by Stats. 2007, Ch. 176, Sec. 49. Effective August 24, 2007.)
  178. 19987.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 17. Nonprofit Organization Fundraisers [19985 - 19987] ( Article 17 added by Stats. 2006, Ch. 707, Sec. 1. )

    Verify source ↗

    The department may require certain manufacturers, suppliers, and similar providers of equipment for controlled games to register with the department.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5. The Gambling Control Act [19800 - 19987] ( Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3. ) ## ARTICLE 17. Nonprofit Organization Fundraisers [19985 - 19987] ( Article 17 added by Stats. 2006, Ch. 707, Sec. 1. ) ## 19987. (a) The department, by regulation or order, may require any person or entity set forth in subdivision (b), to register with the department. (b) “Person or entity” means one who, directly or indirectly, manufactures, distributes, supplies, vends, leases, or otherwise provides, supplies, devices, or other equipment designed for use in the playing of controlled games by any nonprofit organization registered to conduct controlled games. (Amended by Stats. 2007, Ch. 176, Sec. 50. Effective August 24, 2007.)
  179. 2.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    This section says similar existing provisions are to be treated as restatements and continuations, not as new laws.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 2. The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations thereof, and not as new enactments. (Enacted by Stats. 1937, Ch. 399.)
  180. 20.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    For this code section, “oath” also includes an affirmation.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 20. “Oath” includes affirmation. (Enacted by Stats. 1937, Ch. 399.)
  181. 200.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    The department may receive and deposit certain board revenues with the board’s consent and as the director determines; it must account for and remit them to the State Treasury, and it must make refunds with the board’s consent.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 200. Notwithstanding any other provisions of this code, any revenues, collections, or receipts accruing to any board in the department may, in the manner determined by the director and with the consent of the board concerned, be received and deposited by the department, and in such case shall be accounted for to the board and remitted by the department to the State Treasury in accordance with law for credit to the fund of such board. Notwithstanding Section 158 of this code, all refunds shall be made by the department with the consent of the board. (Amended by Stats. 1959, Ch. 1426.)
  182. 200.1.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    Certain post-September 11, 1993 accruals in funds or accounts within the Professions and Vocations Fund are exempt from specified Budget Act transfer provisions.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 3. Funds of the Department [200 - 211] ( Chapter 3 enacted by Stats. 1937, Ch. 399. ) ## 200.1. (a) Any accruals that occur on or after September 11, 1993, to any funds or accounts within the Professions and Vocations Fund that realize increased revenues to that fund or account as a result of legislation enacted on or after September 11, 1993, and that have not been transferred pursuant to Sections 13.50, 13.60, and 13.70 of the Budget Act of 1993 on the effective date of the act that enacted this section, shall be exempt from the transfers contained in Sections 13.50, 13.60, and 13.70 of the Budget Act of 1993. These funds shall include, but not be limited to, all of the following: (1) Athletic Commission Fund. (2) Bureau of Home Furnishings and Thermal Insulation Fund. (3) Contractors License Fund. (4) Private Investigator Fund. (5) Respiratory Care Fund. (6) Vocational Nursing and Psychiatric Technicians Fund. (b) Subdivision (a) shall not apply to the Contingent Fund of the Medical Board of California. (Amended by Stats. 2020, Ch. 312, Sec. 6. (SB 1474) Effective January 1, 2021.)
  183. 2000.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

    Verify source ↗

    This chapter is called the Medical Practice Act, and statutory references to that name are to be read as references to this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2000. This chapter shall be known and may be cited as the Medical Practice Act. Whenever a reference is made to the Medical Practice Act by the provisions of any statute, it is to be construed as referring to the provisions of this chapter. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
  184. 20000.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. )

    Verify source ↗

    This chapter is known, and may be referred to, as the California Franchise Relations Act.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20000. This chapter shall be known and may be referred to as the California Franchise Relations Act. (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  185. 20001.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. )

    Verify source ↗

    This section defines “franchise” and lists several exclusions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20001. As used in this chapter, “franchise” means a contract or agreement, either expressed or implied, whether oral or written, between two or more persons by which: (a) A franchisee is granted the right to engage in the business of offering, selling or distributing goods or services under a marketing plan or system prescribed in substantial part by a franchisor; and (b) The operation of the franchisee’s business pursuant to that plan or system is substantially associated with the franchisor’s trademark, service mark, trade name, logotype, advertising, or other commercial symbol designating the franchisor or its affiliate; and (c) The franchisee is required to pay, directly or indirectly, a franchise fee. (d) “Franchise” does not include any of the following: (1) Any franchise governed by the Petroleum Marketing Practices Act (P.L. 95-297). (2) Lease departments, licenses, or concessions at or with a general merchandise retail establishment where the lease department, licensee, or concessionaire is incidental and ancillary to the general commercial operation of the retail establishment. Sales of a leased department, license, or concessionaire are incidental and ancillary to the general commercial operation of the retail establishment if they amount to less than 10 percent of the establishment’s sales. (3) A nonprofit organization operated on a cooperative basis by and for independent retailers which wholesales goods and services primarily to its member retailers and in which all of the following is applicable: (A) Control and ownership of each member is substantially equal. (B) Membership is limited to those who will use the services furnished by the organization. (C) Transfer of ownership is prohibited or limited. (D) Capital investment receives no return. (E) Substantially equal benefits pass to the members on the basis of patronage of the organization. (F) Members are not personally liable for obligations of the organization in the absence of a direct undertaking or authorization by them. (G) Services of the organization are furnished primarily for the use of the members. (H) Each member and prospective member is provided with an offering circular which complies with the specifications of Section 31111 of the Corporations Code. (I) No part of the receipts, income, or profit of the organization are paid to any profitmaking entity, except for arms-length payments for necessary goods and services and members are not required to purchase goods or services from any designated profitmaking entity. (J) The nonprofit organization is subject to an action for rescission or damages under Section 3343.7 of the Civil Code if the organization fraudulently induced the plaintiff to join the organization. (Amended by Stats. 1989, Ch. 1380, Sec. 1.)
  186. 20002.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. )

    Verify source ↗

    This section defines “franchisee” as a person to whom a franchise is granted.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20002. A “franchisee” is a person to whom a franchise is granted. (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  187. 20003.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. )

    Verify source ↗

    This section defines “franchisor” as a person who grants or has granted a franchise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20003. A “franchisor” is a person who grants or has granted a franchise. (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  188. 20004.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. )

    Verify source ↗

    This section defines “area franchise” as a contract or agreement where a franchisor gives a subfranchisor the right to sell or negotiate franchises in the franchisor’s name or on the franchisor’s behalf.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20004. “Area franchise” means any contract or agreement between a franchisor and a subfranchisor whereby the subfranchisor is granted the right, for consideration given in whole or in part for such right, to sell or negotiate the sale of franchises in the name or on behalf of the franchisor. (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  189. 20005.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. )

    Verify source ↗

    This section defines “subfranchisor” as a person to whom an area franchise is granted.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20005. A “subfranchisor” is a person to whom an area franchise is granted. (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  190. 20006.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. )

    Verify source ↗

    This section says that “franchise” includes “area franchise.”

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20006. “Franchise” includes “area franchise.” (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  191. 20007.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. )

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    This section defines “franchise fee” and lists payments that do not count as one.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20007. “Franchise fee” means any fee or charge that a franchisee or subfranchisor is required to pay or agrees to pay for the right to enter into a business under a franchise agreement, including, but not limited to, any payment for goods and services. However, the following shall not be considered the payment of a franchise fee: (a) The purchase or agreement to purchase goods at a bona fide wholesale price if no obligation is imposed upon the purchaser to purchase or pay for a quantity of goods in excess of that which a reasonable businessperson normally would purchase by way of a starting inventory or supply or to maintain a going inventory or supply. (b) The payment of a reasonable service charge to the issuer of a credit card by an establishment accepting or honoring that credit card. (c) Amounts paid to a trading stamp company under Chapter 3 (commencing with Section 17750) of Part 3 of Division 7 by a person issuing trading stamps in connection with the retail sale of merchandise or service. (d) The payment, directly or indirectly, of a franchise fee which, on an annual basis, does not exceed the sum of one hundred dollars ($100). (e) The payment of a sum of not exceeding one thousand dollars ($1,000) annually on account of the purchase price or rental of fixtures, equipment, or other tangible property to be utilized in, and necessary for, the operation of the franchised business, if the price or rental so charged does not exceed the cost which would be incurred by the franchisee acquiring the item or items from other persons or in the open market. (Amended by Stats. 2002, Ch. 664, Sec. 29. Effective January 1, 2003.)
  192. 20008.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. )

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    This section defines “person” for this article to include several types of individuals and organizations.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20008. “Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust or an unincorporated organization. (Amended by Stats. 1994, Ch. 1010, Sec. 25. Effective January 1, 1995.)
  193. 20009.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. )

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    Commissioner guidance on whether an agreement is a franchise counts as prima facie evidence of franchise coverage, and anyone claiming an exemption or exception must prove it.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20009. The regulations, releases, guidelines, and interpretive opinions of the Commissioner of Financial Protection and Innovation under the Franchise Investment Law (Division 5 (commencing with Section 31000) of Title 4 of the Corporations Code) regarding whether or not an agreement constitutes a “franchise” within the meaning of that law shall be prima facie evidence of the scope and extent of coverage of the definition of “franchise” under this chapter; provided, however, the burden of proving an exemption or an exception from a definition is upon the person claiming it. (Amended by Stats. 2022, Ch. 452, Sec. 17. (SB 1498) Effective January 1, 2023.)
  194. 2001.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    This section sets the Medical Board of California’s membership and requires the Governor and legislative leaders to appoint specific members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2001. (a) There is in the Department of Consumer Affairs a Medical Board of California that consists of 15 members, 7 of whom shall be public members. (b) The Governor shall appoint 13 members to the board, subject to confirmation by the Senate, 5 of whom shall be public members. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member. (c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2023, Ch. 294, Sec. 2. (SB 815) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
  195. 2001.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    The Medical Board of California must treat protection of the public as its highest priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2001.1. Protection of the public shall be the highest priority for the Medical Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2002, Ch. 107, Sec. 4. Effective January 1, 2003.)
  196. 20010.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. )

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    A term that tries to make someone waive compliance with this law is void and against public policy.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 1. Definitions [20000 - 20010] ( Article 1 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20010. Any condition, stipulation or provision purporting to bind any person to waive compliance with any provision of this law is contrary to public policy and void. (Added by Stats. 1980, Ch. 1355, Sec. 1. Effective October 1, 1980. Operative January 1, 1981, by Sec. 6 of Ch. 1355.)
  197. 20015.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 2. Jurisdiction [20015- 20015.] ( Article 2 added by Stats. 1980, Ch. 1355, Sec. 1. )

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    This section says the chapter applies to a franchise if the franchisee is domiciled in California or the franchised business is or has been operated in California, and any franchise agreement term that makes the franchisee waive the chapter is void and unenforceable.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 2. Jurisdiction [20015- 20015.] ( Article 2 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20015. (a) The provisions of this chapter apply to any franchise when either the franchisee is domiciled in this state or the franchised business is or has been operated in this state. (b) Any provision of a franchise agreement requiring the franchisee to waive the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. (Amended by Stats. 2022, Ch. 728, Sec. 1. (AB 676) Effective January 1, 2023.)
  198. 2002.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. )

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    This section says “board” means the Medical Board of California unless another meaning is expressly provided, and that “Division of Medical Quality” and “Division of Licensing” refer to the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 1. Administration [2000 - 2028.5] ( Article 1 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2002. Unless otherwise expressly provided, the term “board” as used in this chapter means the Medical Board of California. As used in this chapter or any other provision of law, “Division of Medical Quality” and “Division of Licensing” shall be deemed to refer to the board. (Amended by Stats. 2007, Ch. 678, Sec. 2. Effective January 1, 2008.)
  199. 20020.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 3. Termination [20020 - 20022] ( Article 3 added by Stats. 1980, Ch. 1355, Sec. 1. )

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    A franchisor generally may not end a franchise before its term expires unless there is good cause.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 3. Termination [20020 - 20022] ( Article 3 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20020. Except as otherwise provided by this chapter, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause. Except as provided in Section 20021, good cause shall be limited to the failure of the franchisee to substantially comply with the lawful requirements imposed upon the franchisee by the franchise agreement after being given notice at least 60 days in advance of the termination and a reasonable opportunity, which in no event shall be less than 60 days from the date of the notice of noncompliance, to cure the failure. The period to exercise the right to cure shall not exceed 75 days unless there is a separate agreement between the franchisor and franchisee to extend the time. (Amended by Stats. 2015, Ch. 776, Sec. 1. (AB 525) Effective January 1, 2016.)
  200. 20021.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 3. Termination [20020 - 20022] ( Article 3 added by Stats. 1980, Ch. 1355, Sec. 1. )

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    A franchisor may give immediate notice of termination without a chance to cure when one of the listed events occurs and is relevant to the franchise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 5.5. Franchise Relations [20000 - 20044] ( Chapter 5.5 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## ARTICLE 3. Termination [20020 - 20022] ( Article 3 added by Stats. 1980, Ch. 1355, Sec. 1. ) ## 20021. If during the period in which the franchise is in effect, there occurs any of the following events which is relevant to the franchise, immediate notice of termination without an opportunity to cure, shall be deemed reasonable: (a) The franchisee or the business to which the franchise relates has been the subject of an order for relief in bankruptcy, judicially determined to be insolvent, all or a substantial part of the assets thereof are assigned to or for the benefit of any creditor, or the franchisee admits his or her inability to pay his or her debts as they come due; (b) The franchisee abandons the franchise by failing to operate the business for five consecutive days during which the franchisee is required to operate the business under the terms of the franchise, or any shorter period after which it is not unreasonable under the facts and circumstances for the franchisor to conclude that the franchisee does not intend to continue to operate the franchise, unless such failure to operate is due to fire, flood, earthquake, or other similar causes beyond the franchisee’s control; (c) The franchisor and franchisee agree in writing to terminate the franchise; (d) The franchisee makes any material misrepresentations relating to the acquisition of the franchise business or the franchisee engages in conduct which reflects materially and unfavorably upon the operation and reputation of the franchise business or system; (e) The franchisee fails, for a period of 10 days after notification of noncompliance, to comply with any federal, state, or local law or regulation, including, but not limited to, all health, safety, building, and labor laws or regulations applicable to the operation of the franchise; (f) The franchisee, after curing any failure in accordance with Section 20020 engages in the same noncompliance whether or not such noncompliance is corrected after notice; (g) The franchisee repeatedly fails to comply with one or more requirements of the franchise, whether or not corrected after notice; (h) The franchised business or business premises of the franchise are seized, taken over, or foreclosed by a government official in the exercise of his or her duties, or seized, taken over, or foreclosed by a creditor, lienholder, or lessor, provided that a final judgment against the franchisee remains unsatisfied for 30 days (unless a supersedeas or other appeal bond has been filed); or a levy of execution has been made upon the license granted by the franchise agreement or upon any property used in the franchised business, and it is not discharged within five days of such levy; (i) The franchisee is convicted of a felony or any other criminal misconduct which is relevant to the operation of the franchise; (j) The franchisee fails to pay any franchise fees or other amounts due to the franchisor or its affiliate within five days after receiving written notice that such fees are overdue; or (k) The franchisor makes a reasonable determination that continued operation of the franchise by the franchisee will result in an imminent danger to public health or safety. (l) If the franchise expressly permits termination under such circumstances, there is a lawful termination or nonrenewal of a separate motor fuel franchise governed by provisions of the Petroleum Marketing Practices Act (15 U.S.C. Secs. 2801 to 2807, inclusive) that is operated by the franchisee or affiliate of the franchisee located at the same business premises if both franchises are granted by the same franchisor or an affiliate of the franchisor. “Affiliate” shall have the same meaning as set forth in subdivision (k) of Section 31005.5 of the Corporations Code. (Amended by Stats. 2015, Ch. 776, Sec. 2. (AB 525) Effective January 1, 2016.)

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