BILL NUMBER: AB 813	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 26, 2009

   An act to amend Section 19827 of the Business and Professions
Code, relating to gambling.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 813, as introduced, Hall. Gambling Control Act: administration.

   Existing law, the Gambling Control Act, provides for the licensure
and regulation of various legalized gambling activities and
establishments by the California Gambling Control Commission and the
investigation and discipline of those activities and establishments
by the Division of Gambling Control within the Department of Justice,
as specified. Existing law permits the department to seize, remove,
impound, photocopy, and audit any equipment, supplies, documents,
papers, books, and records on the premises of a licensed gambling
establishment for examination and inspection.
   This bill would require that the examination and inspection of the
equipment, supplies, documents, papers, books, and records of a
gambling establishment take place during standard business hours.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19827 of the Business and Professions Code is
amended to read:
   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 his or her agent. 
   (2) The summary examination and inspection of the equipment,
supplies, documents, papers, books, and records pursuant to
subparagraphs (D) and (E) of this paragraph (1), shall be conducted
during standard business hours.  
   (2) 
    (3)  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) 
    (4)  The department may investigate, for purposes of
prosecution, any suspected criminal violation of this chapter.
However, nothing in this paragraph limits the powers conferred by any
other law on agents of the department who are peace officers.

   (4) 
    (5)  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.