CHAPTER 5. The Gambling Control Act [19800. - 19987.]
Chapter 5 repealed and added by Stats. 1997, Ch. 867, Sec. 3.
§§ 19800–19987 · 134 sections
ARTICLE 1. General Provisions §§ 19800–19807 · 8 sections
- § 19800 This chapter shall be known, and may be cited, as the “Gambling Control Act.”
- § 19801 The Legislature hereby finds and declares all of the following: (a) State law prohibits commercially operated lotteries, banked or percentage games, and…
- § 19802 The Legislature further finds and declares as follows: Appropriate regulation of banking and percentage games or of gambling devices consistent with public…
- § 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…
- § 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…
- § 19805 As used in this chapter, the following definitions apply: (a) “Affiliate” means a person who, directly or indirectly through one or more intermediaries,…
- § 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…
- § 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…
ARTICLE 2. Administration §§ 19810–19830 · 22 sections
- § 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…
- § 19811 (a) There is in state government the California Gambling Control Commission, consisting of five members appointed by the Governor, subject to confirmation by…
- § 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…
- § 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…
- § 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…
- § 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…
- § 19816 (a) The commission shall have an executive director appointed by the commission. A person is ineligible for appointment as executive director or deputy…
- § 19817 The commission shall establish and appoint a Gaming Policy Advisory Committee of 10 members. The committee shall be composed of representatives of controlled…
- § 19818 (a) The commission shall investigate the following matters: (1) The consequences, benefits, and disadvantages of imposing a state tax on revenue generated by…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 19823 (a) The responsibilities of the commission include, without limitation, all of the following: (1) Assuring that licenses, approvals, and permits are not issued…
- § 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,…
- § 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.
- § 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…
- § 19826 The department shall perform all investigatory functions required by this chapter, as well as auditing functions under tribal gaming compacts, and shall have…
- § 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…
- § 19828 (a) Without limiting any privilege that is otherwise available under law, any communication or publication from, or concerning, an applicant, licensee, or…
- § 19829 Every district attorney, and every state and local law enforcement agency, shall furnish to the department, on forms prepared by the department, all…
- § 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…
ARTICLE 3. Regulations §§ 19840–19846 · 7 sections
- § 19840 The commission may adopt regulations for the administration and enforcement of this chapter. To the extent appropriate, regulations of the commission and the…
- § 19841 The regulations adopted by the commission shall do all of the following: (a) With respect to applications, registrations, investigations, and fees, the…
- § 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…
- § 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…
- § 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.…
- § 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…
- § 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…
ARTICLE 4. Licensing §§ 19850–19879 · 33 sections
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 19863 A publicly traded racing association or a qualified racing association shall be allowed to operate only one gaming establishment, and the gaming establishment…
- § 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…
- § 19865 The department shall furnish to the applicant supplemental forms, which the applicant shall complete and file with the department. These supplemental forms…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 19873 No license may be assigned or transferred either in whole or in part.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 5. Licensing of Corporations §§ 19880–19883 · 4 sections
- § 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…
- § 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…
- § 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…
- § 19883 (a) To the extent required by this chapter, officers and directors, shareholders, lenders, holders of evidence of indebtedness, underwriters, agents, or…
ARTICLE 6. Licensing of Partnerships and Limited Liability Companies §§ 19890–19893 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 19893 To the extent required by this chapter, general partners, limited partners, lenders, members, managers, holders of evidence of indebtedness, underwriters,…
ARTICLE 7. Restrictions on Certain Transactions §§ 19900–19906 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 19904 The purported sale, assignment, transfer, pledge, or other disposition of any security issued by a corporation, membership interest of a limited liability…
- § 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…
- § 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…
ARTICLE 8. Work Permits §§ 19910–19915 · 6 sections
- § 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…
- § 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…
- § 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),…
- § 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,…
- § 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,…
- § 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).
ARTICLE 9. Conditions of Operation §§ 19920–19924 · 5 sections
- § 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…
- § 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…
- § 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.
- § 19923 No owner licensee shall operate a gambling enterprise in violation of any governing local ordinance.
- § 19924 Each owner licensee shall maintain security controls over the gambling premises and all operations therein related to gambling, and those security controls are…
ARTICLE 10. Disciplinary Actions §§ 19930–19932 · 3 sections
- § 19930 (a) The department shall make appropriate investigations as follows: (1) Determine whether there has been any violation of this chapter or any regulations…
- § 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…
- § 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…
ARTICLE 11. Penalties §§ 19940–19944 · 6 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 12. Revenues §§ 19950–19955 · 6 sections
- § 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…
- § 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…
- § 19952 The commission, by regulation, shall establish fees for special licenses authorizing irregular operation of tables in excess of the total number of tables…
- § 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…
- § 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…
- § 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…
ARTICLE 13. Local Governments §§ 19960–19966 · 11 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 14. Miscellaneous Provisions §§ 19970–19972 · 3 sections
- § 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…
- § 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…
- § 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…
ARTICLE 15. Additional Restrictions Related to Fair Elections and Corruption of Regulators §§ 19980–19983 · 4 sections
- § 19980 (a) The Legislature finds and declares that there is a compelling governmental interest in ensuring that elections conducted pursuant to Section 19960 are…
- § 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…
- § 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…
- § 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…
ARTICLE 16. Additional Contracts: Proposition Players § 19984 · 1 section
- § 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…
ARTICLE 17. Nonprofit Organization Fundraisers §§ 19985–19987 · 3 sections
- § 19985 The Legislature finds and declares the following: (a) Nonprofit organizations provide important and necessary services to the people of the State of California…
- § 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…
- § 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…