BILL ANALYSIS Ó AB 2218 Page 1 (Without Reference to File) CONCURRENCE IN SENATE AMENDMENTS AB 2218 (Burke) As Amended August 19, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |75-0 |(April 14, |SENATE: |37-0 |(August 25, | | | |2016) | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- ---------------------------------------------------------------------- | | | | | | | | | | | | |COMMITTEE VOTE: |16-0 |(August 30, |RECOMMENDATION: |concur | | | |2016 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ---------------------------------------------------------------------- G.O. Original Committee Reference: G.O. AB 2218 Page 2 SUMMARY: Extends a licensing exemption for the owners of the card room located at the old Hollywood Park Racetrack. Additionally, extends the time after receipt of an order by the Gambling Control Commission (CGCC) within which a person must apply for a gambling license or a finding of suitability. Specifically, this bill: 1)Extends from three to six years a limited exemption in current law that authorizes the CGCC to exempt specified limited partners in limited partnerships from specified licensing requirements solely for the purposes of the licensure of a car club located on any portion of the grounds upon which a racetrack is or had been previously located and horse racing meetings were authorized to be conducted by the California Horse Racing Board (CHRB) on or before January 1, 2012, that is owned by a limited partnership that also owns or owned a racetrack. 2)Requires the City of Inglewood, by July 1, 2018, to prepare and submit a report to the Legislature and appropriate policy committees on the progress of the construction of the City of Champions Revitalization Project and the project's impact on the divestment requirement contained in this bill. 3)Makes legislative findings and declarations as to the necessity of a special statute for the City of Inglewood. 4)Extends from 45 to 60 days the time after receipt of an order by the Gambling Control Commission (CGCC) within which a person must apply for a gambling license or a finding of suitability. The Senate amendments: 1) Extend from three to six years a limited exemption in current law that authorizes the CGCC to exempt specified limited partners in limited partnerships from specified licensing requirements solely for the purposes of the licensure of a car AB 2218 Page 3 club located on any portion of the grounds upon which a racetrack is or had been previously located and horse racing meetings were authorized to be conducted by the California Horse Racing Board (CHRB) on or before January 1, 2012, that is owned by a limited partnership that also owns or owned a racetrack. 2)Require the City of Inglewood, by July 1, 2018, to prepare and submit a report to the Legislature and appropriate policy committees on the progress of the construction of the City of Champions Revitalization Project and the project's impact on the divestment requirement contained in this bill. 3)Makes legislative findings and declarations as to the necessity of a special statute for the City of Inglewood. EXISTING LAW: 1)The Gambling Control Act (Act) provides for the licensure of certain individuals and establishments involved in various gambling activities, and for the regulation of those activities, by the CGCC. 2)Requires every person who is required to hold a state license to obtain the license prior to engaging in the activity or occupying the position with respect to which the license is required, except as specified. 3)Requires every person who, by order of the CGCC, is required to apply for a gambling license or a finding of suitability to file an application within 45 calendar days after receipt of the order. 4)Provides that a person is deemed unsuitable to hold a state gambling license to own a gambling establishment if the person, or any partner, officer, director, or shareholder of the persons, has any financial interest in any business or organization that is engaged in a prohibited form of gambling, whether within or without this state, except as specified. 5)Authorizes the CGCC to exempt specified limited partners in limited partnerships from specified licensing requirements AB 2218 Page 4 solely for the purposes of the licensure of a car club located on any portion of the grounds upon which a racetrack is or had been previously located and horse racing meetings were authorized to be conducted by the California Horse Racing Board (CHRB) on or before January 1, 2012, that is owned by a limited partnership that also owns or owned a racetrack. 6)Exempts from specified licensing requirements a person who a) is licensed or had an application to be licensed on file with CGCC on or before February 1, 2013, b) has a financial interest in a business or organization engaged in gambling prohibited by state law that was closed and was not engaged in prohibited gambling at a time the person was either licensed or had filed an application to be licensed or had filed an application to be licensed with the CGCC, and c) has a financial interest in a gambling establishment that is located on any portion the grounds on which a racetrack is or had been previously located and horserace meetings were authorized to be conducted by CHRB on or before January 1, 2012, that is directly or indirectly owned by a racetrack limited partnership owner, as defined. 7)Requires an exempted person, within three years of the date the closed business or organization reopens or becomes engaged in any form of prohibited gambling, as specified, to either divest that person's interest in the business or organization, or divest that person's interest in the gambling enterprise or gambling establishments for which the person is licensed or has applied to be licensed by CGCC. 8)Specifies that during the three-year divestment period it is unlawful for any cross-promotion or marketing to occur between the business or organization that is engaged in any form of gambling, as specified. Defines "cross-promotion or marketing" as offering to any customers of the gambling enterprise or gambling establishment anything of value related to visiting or gambling at the business or organization engaged in any form of gambling, as specified. AB 2218 Page 5 9)Prohibits, during the three-year divestment period, any funds used in connection with the capital improvement of the gambling enterprise or gambling establishment from being provided from the gaming revenues of either the business or organization engaged in prohibited forms of gaming. 10)Specifies that, if at the end of the three-year divestment period, any person has not divested his/her interest in either the gambling enterprise or gambling establishment or the business or organization engaged in any form of prohibited gaming, the current prohibition as it read on January 1, 2013, will apply. 11)Requires an exempted person to inform CGCC within 30 days of the date on which a business or organization in which the person has a financial interest begins to engage in any form of prohibited gambling, as specified. FISCAL EFFECT: Unknown COMMENTS: Background: The Hollywood Park Casino is owned by a group of public pension plan investors known as the Stockbridge Capital Partners, LLC, which also owns a share of the recently reopened SLS Hotel and Casino in Las Vegas. The original purchase of the SLS Hotel and Casino, then known as Sahara Hotel, by Stockbridge was made under the assumption that leasing out the gaming casino at both the card club at Hollywood Park and the Sahara Hotel would avoid the prohibition that prevents an entity owning a card club in California from also owning an interest in a gambling facility that operates gaming which is prohibited in California. This assumption was found to be incorrect. AB 2218 Page 6 In 2011, AB 1290 (Hill) of 2011-12 was introduced to address which individuals would need to be licensed at the card club and an exemption for ownership of the Sahara Hotel. The legislation was not enacted. As a result, the managers of Stockbridge agreed to be licensed by the CGCC. However, because of the prohibition against owning out of state interest in a gambling establishment that operates gaming which is prohibited in California, the Legislature passed and the Governor signed SB 472 (Hill), Chapter 760, Statutes of 2013 which granted a three-year licensing exemption that gave Stockbridge a three year period after the SLS Casino and Hotel reopened to either divest their interest in the Hollywood Park Casino or the SLS Casino and Hotel. In addition, the bill prohibited co-promotion activities between the Hollywood Park Casino and the SLS Hotel and Casino. The SLS Hotel and Casino reopened in late August of 2014 after going through massive remodeling. Thus, the current three year exemption would expire in late August of 2017. Since the passage of SB 472, the St. Louis Rams reached a deal to return back to Los Angeles. The site that was selected to be the home of the Los Angeles Rams was the former Hollywood Park Racetrack where an 80,000 seat stadium, entertainment center, and retail and office complex is being built. As a result, the Hollywood card club is in the process of being moved about 100 yards from its current location. Hollywood Park has stated that the move and the construction in the area have resulted in a downturn in their business, which has prevented them from selling the property in the three years the owners were given to divest from either business. AB 2218 would extend the licensing exemption that gives Stockbridge a three year period to divest from Hollywood Park Casino or the SLS Casino and Hotel another three years, until AB 2218 Page 7 August 2020. Purpose of the bill: According to the author: "This bill simply extends the current three year divestment period in current law by an additional three years. This change would allow the public pension plans to retain their interest in the card club during the massive construction period required for the new project and avoid the public pension plans from having to divest of the card club during the major stadium/venue construction period. AB 2218 would retain all of the existing conditions of the current law exemption, while simply extending it for an additional three years while the massive construction activities occur at the site" In addition the author argues that, "depending on an individual's various financial holdings, as well as other background, the documents required to be provided for a gaming license can be very significant and require much time and effort to provide. The purpose of this bill is to expand the timeframe that individuals have to file the application, to facilitate the most comprehensive supply of documents to the CGCC." CalPERS Investment Report: The CalPERS 2014-2015 Annual Investment Report, which shows, among other things, performance on all investments, operations, and initiatives for the one-year period ending on June 30, 2015. The report lists the book value (value upon purchase) and market value (current value) of Stockbridge's real estate assets this bill seeks an exemption for - Hollywood Park Casino and the SLS Hotel and Casino. The Hollywood Park asset shows an increase in the investment of just over $29 million (Book Value: $52,773,489; Market Value: $81,775,383). The SLS Casino asset shows an increase of just under $1 million (Book Value: $33,915,001; Market Value: $34,759,908). It is important to note that the CalPERS report is a snapshot of the fiscal year and does not take into account the entire life of the investments in question. Gambling Control Commission (CGCC): The Act provides the CGCC AB 2218 Page 8 with jurisdiction over the operation of gambling establishments in California. 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 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 Department of Justice Bureau of Gambling Control (DOJ or Bureau) conducts background and field investigations and enforces the provisions of the Act in this regard. Arguments in Support: According to the State Building and Construction Trades Council of California, "the Hollywood Park site in Inglewood has been chosen for construction of a new, state of the art, NFL stadium. This addition, along with a 7,000 seat music venue will make this project a world class location in Southern California. Just as important, it will provide an estimated 30,000 new jobs, many of which will be good paying jobs in the construction industry, which our members are very excited about. We also understand that a construction project of this magnitude, while a tremendous economic driver for the region, will have a temporary impact on the business of the card club located directly adjacent to the overall project. This bill simply extends the current divestment period for an additional three years while the massive construction efforts are underway." Arguments in Opposition: According to the United Auburn Indian Community, "we did not oppose the first exemption in the spirit of allowing the pension fund investors time to sort out the conflicting ownerships. But they have had ample time to divest themselves from one or the other operation. To allow an additional exemption would undermine the purpose and intent of the underlying California law." Opponents of the bill also argue that, "the special interest AB 2218 Page 9 exception represented by AB 2218 is unnecessary as there is still adequate time under the existing exception for Stockbridge and Hollywood Park Casino Company (HPCC) to determine whether to divest themselves of either Hollywood Park Casino or the SLS Las Vegas. Hollywood Park Casino has announced that it will momentarily be opening its new casino facility. The fact that there is construction occurring elsewhere on the larger site has no impact on the divestiture decision. This requested special exemption serves no purpose other than granting Stockbridge and HPCC much more time to determine which property is more valuable. We submit that maximizing Stockbridge's and HPCC's profits is not the job of the Legislature and most certainly does not provide a sound basis upon which to continue to alter a fundamental public policy." Prior/Related Legislation: SB 472 (Hill), Chapter 760, Statutes of 2013. Created a three-year licensing exemption for the owners of the card room located at Hollywood Park Racetrack by authorizing the CGCC to exempt specified limited partners in limited partnerships from specified licensing requirements. SB 356 (Yee) of 2013-14. The bill would allow a person or entity with a financial interest in a foreign gambling operation to retain a California Gambling license. (Held in Assembly Appropriations Committee) AB 1290 (Hill) of 2011-12. The bill would have repealed an existing body of law in the Act relative to an exemption from licensing requirements for a card club on the grounds of a racetrack and recast that body of law. The bill was intended to ensure the continued operations of the card club located at the Hollywood Park Racetrack. (Held on the Inactive File on the Senate Floor) AB 2526 (Hall) of 2012 would have revised several definitions within the Act. Specifically the bill revised the definition of a "key employee," added surveillance managers and supervisors to the definition of "key employee" for licensing purposes and AB 2218 Page 10 deleted the term "pit boss" and replaced the term "shift boss" to "shift manager." (Held on the inactive file on the Senate Floor) AB 777 (Hall) of 2011 would have required every person who is required to hold a state license to obtain the license before engaging in the activity or occupying the position with respect to which the license is requires, except as specified. (Never Heard in Assembly Governmental Organization Committee) AB 3068 (Horton), Chapter 868, Statutes of 2006. The bill extended the provisions which apply to a publicly traded corporation owning a card club located on the grounds of the entity's racetrack to a limited liability company or a limited partnership. Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531 FN: 0005012