BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: AB 903 Hearing Date: 7/14/2015
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|Author: |Cristina Garcia |
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|Version: |4/23/2015 Amended |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Felipe Lopez |
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SUBJECT: Gambling Control Act
DIGEST: This bill permits a person between 18 and 21 years of
age to work in a gambling establishment in a classification that
entails providing services on and off the gaming floor that is
not involved in play of any controlled game.
ANALYSIS:
Existing law:
1)Provides, under the Gambling Control Act (Act), for the
licensure and regulation of various legalized gambling
activities and establishments by the California Gambling
Control Commission (CGCC) and the investigation and
enforcement of those activities and establishments by the
Department of Justice (DOJ).
2)Prohibits a person under 21 years of age from being eligible
for a work permit in a gambling establishment.
3)Prohibits a person under 21 years of age from entering the
premises of a licensing establishment, except the following:
a) An area physically separated from any gambling area for
the exclusive purpose of dining. Any place wherein food or
beverages are dispensed primarily by vending machines shall
not constitute a place for dining.
AB 903 (Cristina Garcia) Page 2 of ?
b) Restrooms.
c) A supervised room that is physically separated from any
gambling area and used primarily for the purpose of
entertainment or recreation.
d) A designated pathway to reach any of the area where a
person under 21 years of age is allowed to enter. To the
extent that the designated pathway requires an individual
to pass through the gaming floor, all person under 21 years
of age shall be accompanied by a person over 21 years of
age or be in the presence of a gambling establishment
employee over 21 years of age.
This bill:
1)Permits a person between 18 and 21 years of age to work in a
gambling establishment, provided that he or she shall not work
as a dealer, floor personnel, or any other employment
classification that exclusively involves working on the floor
of the gambling establishment.
2)Provides that a person between 18-21 years of age may be
employed in job classifications that entail providing services
on and off the gaming floor that are not involved in play of
any controlled game.
Background
Purpose of the bill. According to the author, "while the
economy has improved, California's current unemployment rate is
6.7%. Over 1.2 million Californians remain unemployed with some
cities having double-digit unemployment numbers. There are many
cities with higher unemployment rates than the State's. The
City of Commerce has a 10.6% unemployment rate, while the City
of McFarland has a 17% unemployment rate. This legislation will
provide an employment opportunity for Californians between 18-21
years of age."
Gambling Control Act. The Act provides the CGCC with
jurisdiction over the operation of gambling establishments in
California. The Act requires every owner, lessee, or employee of
a gambling establishment to obtain and maintain a valid state
gambling license. The Act assigns the CGCC the responsibility
of assuring that gambling licenses are not issued to, or held
by, unqualified or disqualified persons, or by persons whose
operations are conducted in a manner that is harmful to the
AB 903 (Cristina Garcia) Page 3 of ?
public health, safety, or welfare.
The Act directs the CGCC to issue licenses only to those persons
of good character, honesty and integrity, whose prior
activities, criminal record, if any, reputation, habits and
associations do not pose a threat to the public interest of this
state. The DOJ conducts background and field investigations and
enforces the provisions of the Act in this regard.
The Act prohibits a person under 21 years of age from being
eligible for a work permit in a gambling establishment. The Act
also prohibits an individual who is under 21 years of age from
entering the premises of a licensed gambling establishment with
certain exemptions. In addition, the Act prohibits any person
under 21 years of age from loitering in a gaming area.
Work Permits. The Act requires that all individuals who are
employed as gambling enterprise employees hold a valid work
permit. The work permit is issued by the local jurisdiction.
An application for a work permit shall be made to the CGCC when
the local licensing authority does not have a work permit
process in place, or where a locally issued work permit is not
required by the licensing authority of a city, county, or city
and county
Prior/Related Legislation
AB 1188 (Gipson, 2015) revises the definition of "key employee"
to mean any natural person employed in the operation of a
gambling enterprise in a supervisory capacity or empowered to
make discretionary decisions with regard to gambling operations.
(Pending in Senate Governmental Organization Committee)
AB 293 (Mendoza, Chapter 233, Statutes of 2009) authorized,
among other things, a person between 18 and 21 years of age to
pass through a gambling floor.
SB 8 (Lockyer, Chapter 867, Statutes of 1997) repealed the
Gaming Regulation Act, and instead enacted the Act, which
provided for DOJ to investigate and enforce controlled gambling
in the state. It also establishes the CGCC to regulate gambling
in this state to issue, suspend, or revoke gambling licenses.
FISCAL EFFECT: Appropriation: No Fiscal
Com.: No Local: No
AB 903 (Cristina Garcia) Page 4 of ?
SUPPORT:
Commerce Casino (Source)
Bicycle Hotel & Casino
City of Commerce
Hawaiian Gardens Casino
OPPOSITION:
California Coalition Against Gambling Expansion
ARGUMENTS IN SUPPORT: According to supporters of the bill,
"AB 903 would permit a person between 18 and 21 years of age to
work in a gambling establishment provided that he or she does
not work as a dealer, floor person, or any other employment
classification that exclusively involves working on the floor of
the gambling establishment. This bill will create employment
opportunity for individuals in this age range to work as
secretaries, waiters or waitresses, maintenance personnel and
other ancillary services."
ARGUMENTS IN OPPOSITION: According to the California
Coalition Against Gambling Expansion, "when tribal casinos first
started in California, and some initially permitted 18 year old
gamblers, there was a public outcry, resulting in them raising
the minimum age to 21. Now this measure comes along proposing
to reduce the age of workers allowed to work on the gambling
floor from 21 to 18 at a gambling establishment licensed by the
CGCC. What will be next, removing the current restrictions on
patrons under 21 on the gambling floor?"