SB 135, as introduced, Berryhill. Gambling.
The Gambling Control Act provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law makes related findings and declarations.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 19801 of the Business and Professions
2Code is amended to read:
The Legislature hereby finds and declares all of the
4following:
5(a) State law prohibits commercially operated lotteries, banked
6or percentage games, and gambling machines, and strictly regulates
7parimutuel wagering on horse racing. To the extent that state law
8categorically prohibits certain forms of gambling and prohibits
9gambling devices, nothing herein shall be construed, in any manner,
10to reflect a legislative intent to relax those prohibitions.
P2 1(b) The State of California has permitted the operation of
2gambling establishments for more than 100 years. Gambling
3establishments were first regulated by the State of California
4pursuant to legislationbegin delete whichend deletebegin insert
thatend insert was enacted in 1984. Gambling
5establishments currently employ more than 20,000 people in the
6State of California, and contribute more than one hundred million
7dollars ($100,000,000) in taxes and fees to California’s
8government. Gambling establishments are lawful enterprises in
9the State of Californiabegin delete,end delete and are entitled to full protection of the
10laws of this state.
11(c) Gambling can become addictive and is not an activity to be
12promoted or legitimized as entertainment for children and families.
13(d) Unregulated gambling enterprises are inimical to the public
14health, safety, welfare, and good order. Accordingly, no person in
15this state has a right to operate a gambling enterprise except as
16may be expressly permitted by the laws of this state and by the
17
ordinances of local governmental bodies.
18(e) It is the policy of this state that gambling activities that are
19not expressly prohibited or regulated by state law may be prohibited
20or regulated by local government. Moreover, it is the policy of this
21state that no new gambling establishment may be opened in a city,
22county, or city and county in which a gambling establishment was
23not operating on and before January 1, 1984, except upon the
24affirmative vote of the electors of that city, county, or city and
25county.
26(f) It is not the purpose of this chapter to expand opportunities
27for gambling, or to create any right to operate a gambling enterprise
28in this state or to have a financial interest in any gambling
29enterprise. Rather, it is the purpose of this chapter to regulate
30businesses that offer otherwise lawful forms of gambling games.
31(g) Public trust that permissible gambling will not endanger
32public health, safety, or welfare requires that comprehensive
33measures be enacted to ensure that gambling is free from criminal
34and corruptive elements, that it is conducted honestly and
35competitively, and that it is conducted in suitable locations.
36(h) Public trust and confidence can only be maintained by strict
37and comprehensive regulation of all persons, locations, practices,
38associations, and activities related to the operation of lawful
39gambling establishments and the manufacture and distribution of
40permissible gambling equipment.
P3 1(i) All gambling operations, all persons having a significant
2involvement in gambling operations, all establishments where
3gambling is conducted, and all manufacturers, sellers, and
4distributors of gambling equipment must be
licensed and regulated
5to protect the public health, safety, and general welfare of the
6residents of this state as an exercise of the police powers of the
7state.
8(j) To ensure that gambling is conducted honestly, competitively,
9and freebegin delete ofend deletebegin insert fromend insert criminal and corruptive elements, all licensed
10gambling establishments in this statebegin delete mustend deletebegin insert shallend insert remain open to
11the generalbegin delete publicend deletebegin insert public,end insert
and the access of the general public to
12licensed gambling activitiesbegin delete mustend deletebegin insert shallend insert not be restricted in any
13manner, except as provided by the Legislature. However, subject
14to state and federal prohibitions against discrimination, nothing
15begin delete hereinend deletebegin insert in this chapterend insert shall be construed to preclude exclusion of
16unsuitable persons from licensed gambling establishments in the
17exercise of reasonable business judgment.
18(k) In order to effectuate state policy as declaredbegin delete herein,end deletebegin insert
in this
19section,end insert it is necessary that gambling establishments, activities,
20and equipment be licensed, that persons participating in those
21activities be licensed or registered, that certain transactions, events,
22and processes involving gambling establishments and owners of
23gambling establishments be subject to prior approval or permission,
24that unsuitable persons not be permitted to associate with gambling
25activities or gambling establishments, and that gambling activities
26take place only in suitable locations. Any license or permit issued,
27or other approval granted pursuant to this chapter, is declared to
28be a revocable privilege, and no holder acquires any vested right
29begin delete therein or thereunder.end deletebegin insert in that license, permit, or other approval or
30under this chapter.end insert
31(l) The location of lawful gambling premises, the hours of
32operation of those premises, the number of tables permitted in
33those premises, and wagering limits in permissible games
34conducted in those premises are proper subjects for regulation by
35local governmental bodies. However, consideration of those same
36subjects by a state regulatory agency, as specified in this chapter,
37is warranted when local governmental regulation respecting those
38subjects is inadequate or the regulation fails to safeguard the
39legitimate interests of residents in other governmental jurisdictions.
P4 1(m) The exclusion or ejection of certain persons from gambling
2establishments is necessary to effectuate the policies of this chapter
3and to maintain effectively the strict regulation of licensed
4gambling.
5(n) Records and reports of cash and credit
transactions involving
6gambling establishments may have a high degree of usefulness in
7criminal and regulatory investigations and, therefore, licensed
8gambling operators may be required to keep records and make
9reports concerning significant cash and credit transactions.
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