Senate BillNo. 650


Introduced by Senator Hall

February 27, 2015


An act to amend Section 19876 of the Business and Professions Code, relating to gambling.

LEGISLATIVE COUNSEL’S DIGEST

SB 650, as introduced, Hall. Gambling licenses: annual renewal.

The Gambling Control Act provides for the licensure and regulation of various legalized gambling activities by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires a gambling license to be renewed biennially. Existing law requires the owner licensee or key employee to file an application for renewal with the Department of Justice no later than 120 calendar days before the expiration of the current license. A willful violation of these provisions is punishable as a misdemeanor.

This bill would require the owner licensee or key employee to file an application for renewal with the California Gambling Control Commission by no later than 120 calendar days after the end of the owner licensee’s fiscal year. The bill would automatically renew a license annually upon the payment of an annual renewal fee, as specified. The bill would also make conforming changes. Because a willful violation of these provisions would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

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SECTION 1.  

Section 19876 of the Business and Professions
2Code
is amended to read:

3

19876.  

(a) Subject to the power of the commission to deny,
4revoke, suspend, condition, or limit any license, as provided in
5this chapter, a license shall bebegin delete renewed bienniallyend deletebegin insert automatically
6renewed annually upon the payment of an annual renewal fee, as
7listed in subparagraph (B) of paragraph (2) of subdivision (b) of
8Section 19951end insert
.

9(b) An application for renewal of a gambling license shall be
10filed by the owner licensee or key employee with thebegin delete department
11no later than 120 calendar days prior to the expiration of the current
12licenseend delete
begin insert commission no later than 120 calendar days following the
13end of the owner licensee’s fiscal yearend insert
. The commission shall act
14upon any application for renewalbegin delete prior toend deletebegin insert beforeend insert the date of
15expiration of the current license. Upon renewal of any owner
16license, the commission shall issue an appropriate renewal
17certificate or validating device or sticker.

begin delete

18(c) Notwithstanding the provisions of subdivision (b), if an
19owner licensee has submitted an application for renewal prior to
20the original expiration date of the current license and the
21commission is unable to act on the application prior to the
22expiration date, the commission may extend the current license
23for up to 180 days.

24(d) 

end delete

25begin insert(c)end insertbegin insertend insertUnless the commission determines otherwise, renewal of an
26owner’s gambling license shall be deemed to effectuate the renewal
27of every other gambling license endorsed thereon.

begin delete

28(e) 

end delete

29begin insert(d)end insertbegin insertend insertIn addition to the penalties provided by law, any owner
30licensee who deals, operates, carries on, conducts, maintains, or
31exposes for play any gambling game after the expiration date of
32the gambling license is liable to the state for all license fees and
33penalties that would have been due upon renewal.

begin delete

34(f) 

end delete

P3    1begin insert(e)end insertbegin insertend insert If an owner licensee fails to renew the gambling license as
2provided in this chapter, the commission may order the immediate
3closure of the premises and a cessation of all gambling activity
4therein until the license is renewed.

begin delete

5(g) If an owner licensee submits an application for renewal of
6the gambling license after the deadline set in subdivision (b) but
7before the original expiration date of the license, the commission
8may assess reasonable delinquency fees not to exceed three times
9the usual application fee.

end delete
10

SEC. 2.  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.



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