BILL NUMBER: AB 2596	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2010

INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 19, 2010

   An act to amend Section 19876 of  , and to add Section 19955
to,  the Business and Professions Code, relating to gambling.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2596, as amended, Portantino. Gambling: licenses.
   The Gambling Control Act provides for the licensure of certain
individuals and establishments involved in various gambling
activities, and for the regulation of those activities, by the
California Gambling Control Commission. Existing law provides for the
enforcement of those activities by the Department of Justice.
Existing law also requires that an application for renewal of a
license application be filed with the commission no later than 120
days prior to expiration of the current license, as provided.
   This bill would allow the commission to assess reasonable late
penalties in order to expedite the processing of a renewal
application that is not filed in a timely manner.  This bill
would also provide that where a complete renewal application has not
been submitted within 30 days of the expiration of the existing
license and notice has been given to the licensee, the commission may
determine that the license has been abandoned.   This
bill would also provide that if an owner licensee has submitted an
application for renewal, as provided, and the commission is unable to
act on the application prior to the expiration date, the commission
can extend the current license for up to 180 days. The bill would
allow the commission to assess reasonable late penalties, not to
exceed 3 times the application fee, when a renewal application is
submitted after the deadline, as specified, but before the expiration
date of the license.  
   Under existing law, the fee for the renewal of a state gambling
license is determined pursuant to specified schedules.  
   This bill would allow the California Gambling Control Commission
to order temporary closure of a gambling establishment for up to 90
days if an owner licensee fails to make timely payment of annual
renewal fees, as provided. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 19876 of the Business and Professions Code is
amended to read:
   19876.  (a) Subject to the power of the commission to deny,
revoke, suspend, condition, or limit any license, as provided in this
chapter, a license shall be renewed  upon application for
renewal and payment of state gambling fees as required by statute or
regulation. Licenses renewed on or before July 31, 2008, shall be for
the renewal period in effect at the time of the renewal but shall
not expire any sooner than 15 months after the approval of the
renewal application. Licenses renewed on or after August 1, 2008,
shall expire 24 months after the date of the approval of the renewal
application or after the expiration of the prior license, whichever
is later.   biennially. 
   (b) An application for renewal of a gambling license shall be
filed by the owner licensee or key employee with the commission no
later than 120 calendar days prior to the expiration of the current
license. The commission shall act upon any application for renewal
prior to the date of expiration of the current license. Upon renewal
of any owner license, the commission shall issue an appropriate
renewal certificate or validating device or sticker. 
   (c) Notwithstanding the provisions of subdivision (b), if an owner
licensee 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. 

   (c) 
    (d)  Unless the commission determines otherwise, renewal
of an owner's gambling license shall be deemed to effectuate the
renewal of every other gambling license endorsed thereon. 
   (d) 
    (e)  In addition to the penalties provided by law, any
owner licensee who deals, operates, carries on, conducts, maintains,
or exposes for play any 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) 
    (f)  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 therein until the license is renewed. 
   (f) (1) 
    (g)    If an owner  licensee fails to
apply to renew the gambling license in a timely manner as provided in
this chapter, the commission may assess reasonable late penalties,
in order to expedite the processing of the renewal application.

    (2)     If the owner
licensee has not submitted a completed renewal application, including
the payment of all required fees and deposits within 30 days of the
expiration date and the commission has provided notice to the
licensee, the commission may proceed to grant a hearing and determine
that the license has been abandoned.   submits an
application for renewal of the gambling license after the deadline
set in subdivision (b) but before the original expiration date of the
license, the commission may assess reasonable late penalties not to
exceed three times the usual application fee. 
   SEC. 2.    Section 19955 is added to the 
Business and Professions Code   , to read:  
   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.