BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1439
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1439 (Salas, et al.)
          As Amended  August 21, 2014
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |75-0 |(May 27, 2014)  |SENATE: |34-0 |(August 25,    |
          |           |     |                |        |     |2014)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    B., P. & C.P.  

           SUMMARY  :  Prohibits any person, when conducting a contest or  
          sweepstakes, from using an electronic video monitor to simulate  
          gambling or play gambling-themed games that offers the  
          opportunity to win sweepstakes cash, cash equivalent prizes, or  
          other prizes of value.  

           The Senate amendments  :  

           1)Exempt from this prohibition game promotions and sweepstakes  
            conducted on a limited basis as an advertising and marketing  
            tool incidental to substantial bona fide sales of consumer  
            products or services, as specified.  

           2)Define a "business establishment," for purposes of this bill,  
            as a business that has any financial interest in the conduct  
            of the sweepstakes or the sale of the products or services  
            being promoted by the sweepstakes at its physical location.  

           3)Add coauthors.  
           
           AS PASSED BY THE ASSEMBLY  , this bill:  
           
          1)Prohibited a person, in operation of a sweepstakes or contest,  
            from using or offering to use any method intended to be used  
            by a person interacting with an electronic video monitor to  
            simulate gambling or play gambling-themed games in a business  
            establishment that directly or indirectly implements the  
            predetermination of sweepstakes cash, cash-equivalent prizes,  
            or other prizes of value, or otherwise connects a sweepstakes  
            player or participant with sweepstakes cash, cash-equivalent  
            prizes, or other prizes of value.

          2)Defined "sweepstakes" as a procedure, activity, or event, for  








                                                                  AB 1439
                                                                  Page  2

            the distribution, donation, or sale of anything of value by  
            lot, chance, predetermined selections, or random selection  
            that is not unlawful under other provisions of law. 

          3)Specified that nothing in this bill shall be deemed to render  
            lawful any activity that is unlawful pursuant to any other  
            law. 

          4)Specified that nothing in this bill shall be deemed to render  
            unlawful or restrict otherwise lawful games and methods used  
            by a gambling enterprise licensed under the Gambling Control  
            Act or operations of the California State Lottery.

          5)Clarified that sweepstakes are bound to the same prohibitions  
            on unfair business practices as contests.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.  

           
          COMMENTS  :   

          Purpose of the bill:  According to the author, a loophole in law  
          has permitted internet gambling sweepstakes to operate in a  
          "gray area" and evade law enforcement.  These Internet  
          sweepstakes are thinly veiled gambling operations that establish  
          themselves in an economically depressed area, accrue hundreds of  
          thousands of dollars through online gambling, and close when  
          apprehended by law enforcement.  Often, these illegal gambling  
          cafés will then re-open in a new location, threatening to  
          negatively impact another neighborhood in the community.   
          Recently, there has been a growing proliferation of these gaming  
          operations throughout the State.

          The author further states that the law must be updated to  
          prohibit these activities and provide authorities with the  
          necessary enforcement tools to regain local control of the  
          public safety issues that arise because of illegal Internet  
          gambling sweepstakes.  This bill will close the loophole that  
          has allowed these illegal cafés to operate.

          Internet Sweepstakes Cafés:  "Internet Sweepstakes Cafés" also  
          known simply as Internet Cafés are business establishments that  
          give individuals the opportunity to win prizes with the purchase  
          of some kind of product, usually in the form of telephone cards  








                                                                  AB 1439
                                                                  Page  3

          or Internet access.  They began appearing in Southern United  
          States in 2005, but have quickly expanded throughout the rest of  
          the nation, including the State of California.

          Though the business model varies slightly, in general, Internet  
          Cafés are located in storefront strip malls and sometimes can be  
          found in gasoline stations and convenience stores.  In some  
          cases, they can also be found as standalone establishments.   
          Numerous computers are placed in either tables or rows and can  
          number from just a few to over 100 computers. 

          Customers can purchase Internet or phone time that is added to a  
          magnetic striped card that is provided by the Internet Café.   
          With the purchase of Internet or phone time, the customer also  
          receives "entries" or "credits" into the Internet sweepstakes.   
          Though the number of entries per Internet or phone time  
          purchases can vary from establishment to establishment, it is  
          very common to receive 100 "credits" for every $1 of Internet or  
          phone time purchased. 

          After the purchase of credits, the customer can then head to one  
          of the computer screens to play several gambling-themed games  
          and place bets with the "credits" they have purchased.   
          Customers can purchase additional "credits" from the Internet  
          Café employee and almost always can purchase additional credits  
          directly at the computer.  Customers who win prizes can cash in  
          any winnings, or use the winnings to purchase additional  
          "credits."  According to the Bureau of Gambling Control, "cash  
          prizes ranging from $1 to as much as $4,000 are paid out daily."

          Legality of Internet Cafés:  The proliferation of Internet Cafés  
          throughout California has resulted in dramatically different  
          interpretations as to the legality of such businesses between  
          law enforcement agencies and Internet café owners themselves.   
          While California law enforcement agencies have maintained that  
          such businesses are illegal, not surprisingly, Internet Café  
          owners have maintained that the business they operate are in  
          fact legal.

          Law enforcement agencies have long maintained that Internet  
          Sweepstakes Cafés are engaged in practices that violate gambling  
          prohibitions that currently prohibit lotteries and unlawful slot  
          machines or devices.  On the other hand, Internet Cafés argue  
          that their business establishments merely offer lawful  
          sweepstakes that promote the sale of their products and that  








                                                                  AB 1439
                                                                  Page  4

          even though customers can reveal sweepstakes results by playing  
          a computer game, this does not satisfy the required statutory  
          elements of an unlawful slot machine. 

          Two years ago the differences in opinions finally headed to  
          court when the Kern County District Attorney's (DA) Office filed  
          lawsuits against three Internet Café businesses; I-zone Internet  
          Café, Oz Internet Café and Hub, and the A-Z Café.  Kern County  
          Superior Court Judge William Palmer agreed with the DA's Office  
          that these types of sweepstakes were in fact illegal; Internet  
          Cafés immediately appealed that ruling. 

          On March 7, 2014, the Fifth Appellate District Court found in  
          favor of Kern County and once again ruled that Internet Cafés  
          that offer the type of sweepstakes described above were in fact  
          illegal under California law.  In that ruling the court found:

               All the trappings and experiences involved in playing  
               traditional slot machines are actualized in one form  
               or another by the defendants' sweepstakes software  
               systems and networked computer terminals, since in  
               each case points are received upon making a purchase,  
               a game program is activated by the customer at a  
               terminal, points are used or bet in selected  
               increments, audio-visual scenes are played out on the  
               screen to create the feel and anticipation of a slot  
               machine or other gambling games, and prizes are  
               won...the mere fact that winnings are based on a  
               predetermined sequence of results programmed into the  
               software system, rather than on a randomly spinning  
               wheel (or the like), does not change the nature and  
               character of devices herein, which as integrated  
               systems function as slot machines.

          Soon after the favorable ruling, the DA's Office sent a letter  
          to all Internet Café operators ordering them to "immediately  
          cease and desist all gambling activity including the so called  
          sweepstakes," by March 21, 2014.  By that date, all Internet  
          Cafés in Kern County had shut down except for one Internet Café  
          that was no longer offering sweepstakes.

          Unfortunately while the cease and desist letter, combined with  
          the favorable ruling, initially seemed to shut down all Internet  
          Cafés in Kern County, less than one month later another Internet  
          Café was shut down by local authorities in Bakersfield.  During  








                                                                  AB 1439
                                                                  Page  5

          the raid, the owners of the Internet Café told authorities that  
          they thought they were operating legally because they were using  
          a different sweepstakes system.  As this example shows, the  
          ruling of the Fifth Appellate District Court has not completely  
          shut down all Internet Cafés in California. It is believed that  
          this bill will help to close the perceived loophole in law once  
          and for all. 
           

          Analysis Prepared by  :    Felipe Lopez / G.O. / (916) 319-2531 


                                                                FN: 0005350