BILL ANALYSIS �
Bill No: AB
1039
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2013-2014 Regular Session
Staff Analysis
AB 1039 Author: Hall
As Introduced: February 22, 2013
Hearing Date: June 25, 2013
Consultant: Paul Donahue
SUBJECT
Gambling Control Act: Local gambling control
DESCRIPTION
Allows a city, county, or city and county to amend its
local ordinance on a one-time basis in order to increase by
two the number of tables above the number of tables
authorized by local ordinance that is currently in effect
on January 1, 2013.
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
AB 1039 (Hall) continued
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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)Imposes 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.
BACKGROUND
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
Statements 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.
Opposition statements : The California Coalition Against
Gambling Expansion believes that, before policymakers
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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/RELATED LEGISLATION
AB 241 (Hall), Chapter 316, Statutes of 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 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)
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.
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.
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AB 2431 (Wesson), Chapter 738, Statutes of 2002. The bill
extended the gambling moratorium on new local gambling
establishments from January, 1, 2011, to January 1, 2007 as
specified.
SUPPORT:
101 Casino
Capitol Casino
Casino 580
Certified Network M
Communities for California Cardrooms
Cordova Casino
Hollywood Park Casino
Lotus Casino
Lucky Chances
Lucky Derby Casino
Phoenix Casino
The River
Wine Country Casino
The Village Club
OPPOSE:
California Coalition Against Gambling Expansion
United Auburn Indian Community
FISCAL COMMITTEE: Senate Appropriations Committee
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