Amended in Senate September 1, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1282


Introduced by Assembly Member Gray

February 27, 2015


An act to amend Sectionbegin delete 19805 of the Business and Professions Code,end deletebegin insert 4800 of the Labor Code,end insert relating tobegin delete gambling.end deletebegin insert disability.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1282, as amended, Gray. begin deleteGambling: Gambling Control Act. end deletebegin insertFirefighters: disability.end insert

begin insert

Existing law makes a member of the Department of Justice falling within the “state peace officer/firefighter” class, as specified, who is disabled by injury arising out of and in the course of his or her duties, he or she shall become entitled, regardless of his or her period of service with the Department of Justice, to a leave of absence while so disabled without loss of salary, in lieu of disability payments, as specified, for a period of not exceeding one year.

end insert
begin insert

This bill would make all rank-and-file and supervisory firefighters employed by Department of Forestry and Fire Protection entitled to that benefit regardless of whether the firefighter is assigned by the department to a position in fire prevention, fire suppression, or other capacity.

end insert
begin delete

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 authorizes the commission, for any cause deemed reasonable by the commission, to deny any application for a license, permit, or approval, to limit, condition, or restrict any license, permit, or approval, or to impose any fine upon any person licensed or approved. For purposes of the act, existing law defines applicant as any person who has applied for, or is about to apply for, a state gambling license, or other licenses, permits, or approvals, as specified.

end delete
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This bill would revise the definition of “applicant” to no longer include any person who is about to apply for a state gambling license, or other licenses, permits, or approvals, as specified.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 4800 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
2read:end insert

3

4800.  

(a) begin deleteWhenever any end deletebegin insertIf a end insertmember of the Department of
4Justicebegin delete fallingend deletebegin insert who isend insert within the “state peace officer/firefighter”
5class is disabled by injury arising out of and in the course of his
6or her duties, he or shebegin delete shall becomeend deletebegin insert isend insert entitled, regardless of his
7or her period of service with the Department ofbegin delete Justiceend deletebegin insert Justice,end insert to
8begin insert aend insert leave of absence while so disabled without loss of salary, in lieu
9of disability payments under this chapter, for a period of not
10exceeding one year. This sectionbegin delete shall applyend deletebegin insert appliesend insert only to
11members of the Department of Justice whose principal duties
12consist of active law enforcement andbegin delete shallend deletebegin insert doesend insert not apply to
13persons employed in the Department of Justice whose principal
14duties are those of telephone operator, clerk, stenographer,
15machinist, mechanic or otherwise clearly notbegin delete fallingend delete within the
16scope of active law enforcement service, even though this person
17is subject to occasional call or is occasionally called upon to
18perform duties within the scope of active law enforcement service.

19(b) This sectionbegin delete shall applyend deletebegin insert appliesend insert to law enforcement officers
20employed by the Department of Fish and Wildlife who are
21described in subdivision (e) of Section 830.2 of the Penal Code.

22(c) This sectionbegin delete shall applyend deletebegin insert appliesend insert to harbor police officers
23employed by the San Francisco Port Commission who are
24described in Section 20402 of the Government Code.

begin insert

25(d) This section applies to all rank-and-file and supervisory
26firefighters employed by Department of Forestry and Fire
27Protection regardless of whether the firefighter is assigned by the
P3    1department to a position in fire prevention, fire suppression, or
2other capacity.

end insert
begin delete

3(d)

end delete

4begin insert(e)end insert This sectionbegin delete shallend deletebegin insert doesend insert not apply to periods of disability
5which occur subsequent to termination of employment by
6resignation, retirement or dismissal.begin delete Whenend deletebegin insert In those circumstances
7in whichend insert
this section does not apply, the employeebegin delete shall beend deletebegin insert isend insert
8 eligible for those benefits which would apply if this section had
9not been enacted.

begin delete
10

SECTION 1.  

Section 19805 of the Business and Professions
11Code
is amended to read:

12

19805.  

As used in this chapter, the following definitions shall
13apply:

14(a) “Affiliate” means a person who, directly or indirectly through
15one or more intermediaries, controls, is controlled by, or is under
16common control with, a specified person.

17(b) “Applicant” means any person who has applied for a state
18gambling license, a key employee license, a registration, a finding
19of suitability, a work permit, a manufacturer’s or distributor’s
20license, or an approval of any act or transaction for which the
21approval or authorization of the commission or department is
22required or permitted under this chapter.

23(c) “Banking game” or “banked game” does not include a
24controlled game if the published rules of the game feature a
25player-dealer position and provide that this position must be
26continuously and systematically rotated amongst each of the
27participants during the play of the game, ensure that the
28player-dealer is able to win or lose only a fixed and limited wager
29during the play of the game, and preclude the house, another entity,
30a player, or an observer from maintaining or operating as a bank
31during the course of the game. For purposes of this section, it is
32not the intent of the Legislature to mandate acceptance of the deal
33by every player if the department finds that the rules of the game
34render the maintenance of or operation of a bank impossible by
35other means. The house shall not occupy the player-dealer position.

36(d) “Chief” means the head of the entity within the department
37 that is responsible for fulfilling the obligations imposed upon the
38department by this chapter.

39(e) “Commission” means the California Gambling Control
40Commission.

P4    1(f) “Controlled gambling” means to deal, operate, carry on,
2conduct, maintain, or expose for play any controlled game.

3(g) “Controlled game” means any controlled game, as defined
4by subdivision (e) of Section 337j of the Penal Code.

5(h) “Department” means the Department of Justice.

6(i) “Director” means any director of a corporation or any person
7performing similar functions with respect to any organization.

8(j) “Finding of suitability” means a finding that a person meets
9the qualification criteria described in subdivisions (a) and (b) of
10Section 19857, and that the person would not be disqualified from
11holding a state gambling license on any of the grounds specified
12in Section 19859.

13(k) “Game” and “gambling game” means any controlled game.

14(l) “Gambling” means to deal, operate, carry on, conduct,
15maintain, or expose for play any controlled game.

16(m) “Gambling enterprise” means a natural person or an entity,
17whether individual, corporate, or otherwise, that conducts a
18gambling operation and that by virtue thereof is required to hold
19a state gambling license under this chapter.

20(n) “Gambling enterprise employee” means any natural person
21employed in the operation of a gambling enterprise, including,
22without limitation, dealers, floor personnel, security employees,
23countroom personnel, cage personnel, collection personnel,
24surveillance personnel, data-processing personnel, appropriate
25maintenance personnel, waiters and waitresses, and secretaries, or
26any other natural person whose employment duties require or
27authorize access to restricted gambling establishment areas.

28(o) “Gambling establishment,” “establishment,” or “licensed
29premises,” except as otherwise defined in Section 19812, means
30one or more rooms where any controlled gambling or activity
31directly related thereto occurs.

32(p) “Gambling license” or “state gambling license” means any
33license issued by the state that authorizes the person named therein
34to conduct a gambling operation.

35(q) “Gambling operation” means exposing for play one or more
36controlled games that are dealt, operated, carried on, conducted,
37or maintained for commercial gain.

38(r) “Gross revenue” means the total of all compensation received
39for conducting any controlled game, and includes interest received
P5    1in payment for credit extended by an owner licensee to a patron
2for purposes of gambling, except as provided by regulation.

3(s) “Hours of operation” means the period during which a
4gambling establishment is open to conduct the play of controlled
5games within a 24-hour period. In determining whether there has
6been expansion of gambling relating to “hours of operation,” the
7department shall consider the hours in the day when the local
8ordinance permitted the gambling establishment to be open for
9business on January 1, 1996, and compare the current ordinance
10and the hours during which the gambling establishment may be
11open for business. The fact that the ordinance was amended to
12permit gambling on a day, when gambling was not permitted on
13January 1, 1996, shall not be considered in determining whether
14there has been gambling in excess of that permitted by Section
1519961.

16(t) “House” means the gambling enterprise, and any owner,
17shareholder, partner, key employee, or landlord thereof.

18(u) “Independent agent,” except as provided by regulation,
19means any person who does either of the following:

20(1) Collects debt evidenced by a credit instrument.

21(2) Contracts with an owner licensee, or an affiliate thereof, to
22provide services consisting of arranging transportation or lodging
23for guests at a gambling establishment.

24(v) “Initial license” means the license first issued to a person
25authorizing that person to commence the activities authorized by
26that license.

27(w) “Institutional investor” means any retirement fund
28administered by a public agency for the exclusive benefit of federal,
29state, or local public employees, any investment company
30registered under the Investment Company Act of 1940 (15 U.S.C.
31Sec. 80a-1 et seq.), any collective investment trust organized by
32banks under Part Nine of the Rules of the Comptroller of the
33Currency, any closed-end investment trust, any chartered or
34licensed life insurance company or property and casualty insurance
35company, any banking and other chartered or licensed lending
36institution, any investment advisor registered under the Investment
37Advisers Act of 1940 (15 U.S.C. Sec. 80b-1 et seq.) acting in that
38capacity, and other persons as the commission may determine for
39reasons consistent with the policies of this chapter.

P6    1(x) “Key employee” means any natural person employed in the
2operation of a gambling enterprise in a supervisory capacity or
3empowered to make discretionary decisions that regulate gambling
4operations, including, without limitation, pit bosses, shift bosses,
5credit executives, cashier operations supervisors, gambling
6operation managers and assistant managers, managers or
7supervisors of security employees, or any other natural person
8designated as a key employee by the department for reasons
9consistent with the policies of this chapter.

10(y) “Key employee license” means a state license authorizing
11the holder to be employed as a key employee.

12(z) “License” means a gambling license, key employee license,
13or any other license issued by the commission pursuant to this
14chapter or regulations adopted pursuant to this chapter.

15(aa) “Licensed gambling establishment” means the gambling
16premises encompassed by a state gambling license.

17(ab) “Limited partnership” means a partnership formed by two
18or more persons having as members one or more general partners
19and one or more limited partners.

20(ac) “Limited partnership interest” means the right of a general
21or limited partner to any of the following:

22(1) To receive from a limited partnership any of the following:

23(A) A share of the revenue.

24(B) Any other compensation by way of income.

25(C) A return of any or all of his or her contribution to capital of
26the limited partnership.

27(2) To exercise any of the rights provided under state law.

28(ad) “Owner licensee” means an owner of a gambling enterprise
29who holds a state gambling license.

30(ae) “Person,” unless otherwise indicated, includes a natural
31person, corporation, partnership, limited partnership, trust, joint
32venture, association, or any other business organization.

33(af) “Player” means a patron of a gambling establishment who
34participates in a controlled game.

35(ag) “Player-dealer” and “controlled game featuring a
36player-dealer position” refer to a position in a controlled game, as
37defined by the approved rules for that game, in which seated player
38participants are afforded the temporary opportunity to wager
39against multiple players at the same table, provided that this
40position is rotated amongst the other seated players in the game.

P7    1(ah) “Publicly traded racing association” means a corporation
2licensed to conduct horse racing and simulcast wagering pursuant
3to Chapter 4 (commencing with Section 19400) whose stock is
4publicly traded.

5(ai) “Qualified racing association” means a corporation licensed
6to conduct horse racing and simulcast wagering pursuant to Chapter
74 (commencing with Section 19400) that is a wholly owned
8subsidiary of a corporation whose stock is publicly traded.

9(aj) “Renewal license” means the license issued to the holder
10of an initial license that authorizes the license to continue beyond
11the expiration date of the initial license.

12(ak) “Work permit” means any card, certificate, or permit issued
13by the commission, or by a county, city, or city and county, whether
14denominated as a work permit, registration card, or otherwise,
15authorizing the holder to be employed as a gambling enterprise
16employee or to serve as an independent agent. A document issued
17by any governmental authority for any employment other than
18gambling is not a valid work permit for the purposes of this chapter.

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