BILL ANALYSIS �
AB 1039
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Date of Hearing: April 24, 2013
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 1039 (Hall) - As Introduced: February 22, 2013
SUBJECT : Local Gambling Control
SUMMARY : Allows a city, county, or city and county to amend
its local ordinance to increase the number of tables by two,
above the number of tables authorized by local ordinance in
effect on January 1, 2013. Specifically, this bill :
1)Specifies that an amendment authorized by this measure may
only occur one time.
EXISTING LAW
1)Provides for the licensure and regulation of various legalized
gambling activities and establishments by the California
Gambling Control Commission and the enforcement of those
activities by the Department of Justice (DOJ).
2)Allows a city, county, or city and county to authorize
controlled gambling, consistent with state law, if a majority
of voters affirmatively approve an ordinance so permitting, as
specified.
3)Authorizes a city, county, or city and county to amend the
ordinance to increase by two the number of gambling tables
that may be operated in a gambling establishment in a city,
county, or city and county, above the number of tables
authorized in the ordinance in effect on January 1, 2010. The
authority to amend a gaming ordinance may occur only one time.
4)Requires that any amendment to a local jurisdiction ordinance
relating to gambling establishments or the Act is required to
be submitted to DOJ for review and comment before the
ordinance is adopted by the local jurisdiction.
5)Places a moratorium on the authorization of legal gaming by a
local governing body or local electors and an expansion of
gambling, as defined, until January 1, 2020.
FISCAL EFFECT : Unknown
AB 1039
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COMMENTS :
Purpose of the bill : This measure is intended to allow cities
and counties that have card clubs to amend their local ordinance
to allow for these clubs to add two more additional tables.
Currently many small to medium sized card clubs find that they
have insufficient space to accommodate their business on
weekends. This measure will allow a city or county to amend the
ordinance to increase the number of card tables in order to
accommodate those who wish to play in their card clubs
Arguments in support : Supporters argue that at this time, many
small to medium sized card clubs are unable to accommodate
players who wish to play in their club on Friday and Saturday
nights. Individuals often come to a card club on Friday or
Saturday, and wait an hour or more for an opportunity to sit
down and play.
Many of these people become discouraged and leave. This measure
would allow these clubs to expand the number of tables to
accommodate the business which they already have, but which they
are unable to serve. Furthermore, the added tables will create
employment opportunities in California for those who will be
providing services. State and local governments will also
benefit by additional fees paid by the cardrooms.
Arguments in opposition : According to the California Coalition
Against Gambling Expansion (CCAGE), the past few Legislative
Sessions have seen a long laundry of gambling expansion
legislation of every conceivable form, from a slew of bills to
lift specific cardroom limits, to authorizing Off-Track
Bettering parlors for horseracing, to permit call-in bingo
games, to allow our Lottery to go national, be privatized and
remove many of the promised restrictions made to voters, to
expand the number of tribal slot machines, to authorize online
poker, and the list goes on and on.
CCAGE believes that before policymakers consider authoring or
supporting more bills to expand gambling activities, they ought
to consider the social, economic, and moral impact that more
legalized gambling will have on our State and its citizenry.
Prior legislation : AB 241 (Hall), Chapter 316, Statutes of
AB 1039
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2011. The bill extended the gambling moratorium related to the
expansion of card rooms and the issuance of new card room
licenses from January 1, 2015 to January 1, 2020.
AB 441 (Hall), Chapter 530, Statutes of 2010. The bill modified
provisions of the Gambling Control Act to allow a city, county,
or city and county to amend its local ordinance in effect on
January 1, 2010, to increase the number of tables by two.
AB 163 (Mendoza), Chapter 647, Statutes of 2008. The bill
authorized a local government to amend its gambling ordinance to
increase the number of tables that may be operated by small
clubs.
SB 152 (Florez), 2007-2008 Legislative Session. The bill would
have allowed a city, county, or city and county that has a
gambling ordinance in effect on July 1, 2007, prohibiting more
than 12 tables, to modify its ordinance to increase the number
of gambling tables by an amount not to exceed 45 percent,
without having to obtain voter approval. (Vetoed by Governor)
AB 1973 (Bermudez), Chapter 854, Statutes of 2006. The bill
made a number of changes to the Gambling Control Act relating to
new table fees for problem gambling programs, the hours of
operation, the moratorium on the expansion of gambling, and the
eligibility requirements of two members of the Gambling Control
Commission.
AB 635 (Bermudez), Chapter 694, Statutes of 2005. The bill
permitted local governments to revise their ordinances without
voter approval, and increase the number of gambling tables by up
to 24.99% as specified.
AB 864 (Firebaugh), Chapter 872, Statutes of 2004. The bill
permitted local agencies to amend their ordinances to allow for
an increase in the number of gambling tables, hours of
operation, or maximum amount wagered, in a gambling
establishment.
SB 814 (Vincent), Chapter 799, Statutes of 2003. The bill
extended the gambling moratorium on new local gambling
establishments from January1, 2007, to January 1, 2010.
AB 2431 (Wesson), Chapter 738, Statutes of 2002. The bill
extended the gambling moratorium on new local gambling
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establishments from January, 1, 2011, to January 1, 2007 as
specified.
REGISTERED SUPPORT / OPPOSITION :
Support
Capitol Casino
Hollywood Park Casino
Lucky Chances
Lucky Derby Casino
Phoenix Casino
The Village Club
Opposition
California Coalition Against Gambling Expansion
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531