BILL ANALYSIS
AB 163
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 163 (Mendoza)
As Amended April 2, 2008
Majority vote
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|ASSEMBLY: | |(June 5, 2007) |SENATE: |33-5 |(July 2, 2008) |
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(vote not relevant)
Original Committee Reference: G.O.
SUMMARY : Adds a new section to the Gambling Control Act to
authorize a local government to amend its gambling ordinance to
increase the number of tables that may be operated by small card
clubs.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Authorize a local government that has a gambling ordinance in
effect on July 1, 2007, to increase the number of tables that
a card club may operate as follows:
2)Provide if the ordinance in effect on July 1, 2007, provided
for five to eight tables, inclusive, the amended ordinance may
allow an increase of three tables.
3)Provide if the ordinance in effect on July 1, 2007, provided
for nine to 12 tables, inclusive, the amended ordinance may
allow an increase of four tables.
AS PASSED BY THE ASSEMBLY , this bill required the Department of
General Services (DGS) to adopt regulations for the construction
and renovation of state buildings that require the inclusion of
bicycle facilities, showers, and clothing lockers.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill was amended in the Senate and the
Assembly-approved provisions of this bill were deleted.
Purpose of the bill: According to the author, this measure is
intended to allow cities and counties that have medium-sized
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card clubs to amend their local ordinances to allow for these
clubs to add three or four more additional tables. Currently
many medium-sized card clubs find that they have insufficient
space to accommodate their business on weekends. This measure
will allow a city or county to amend the ordinance to increase
the number of card tables in order to accommodate those who wish
to play in the card clubs.
Background : Existing law prohibits an "expansion of gambling"
in card clubs until January 1, 2015. An "expansion of gambling"
is defined as an increase of 25 percent or more, when compared
to that authorized on January 1, 1996, in: 1) the number of
gambling tables in the city, county, or city and county; 2) the
number of licensed card rooms in the city, county, or city and
county; 3) the number of gambling tables that may be operated in
a gambling establishment in the city, county, or city and
county; 4) the hours of operation of a gambling establishment in
the city, county, or city and county; and, 5) the maximum amount
permitted to be wagered in a game. The increases in the number
of tables proposed by this bill would constitute an "expansion
of gambling" and, therefore, requires legislative authorization
for the increases to occur.
SB 152 (Florez) : Last year, the Governor vetoed a similar
measure. SB 152 would have allowed a city, county, or city and
county, without permission of the voters, and pursuant to a
gambling ordinance in effect on January 1, 2007, prohibiting
more than 12 tables, to increase the number of gambling tables
by an amount not to exceed 45%. In his veto message, the
Governor wrote:
I am returning Senate Bill 152 without my signature.
This measure would allow a forty-five percent increase
in the number of gaming tables that certain card rooms
may operate. As such, this bill creates a significant
exemption to the current moratorium on expanding local
gaming establishments. As a similar exemption was
approved just two years ago, I do not believe it is
appropriate to make another exemption at this time.
For this reason, I am returning this bill without my
signature.
Arguments in support : The Commerce Club, Hollywood Park Casino,
the Lucky Lady, the Lucky Derby, Phoenix Casino, and Capitol
Casino argue that SB 163 will allow medium-sized card clubs a
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moderate increase in the number of tables, provided that the
city or county in which they are located amends their ordinance.
Thus, this measure empowers local government, if they so
choose, to allow the card clubs in their jurisdiction to add
three or four tables to these clubs.
Last year, Senator Florez authored SB 152, which sought to allow
the small- and medium-sized card clubs to increase the number of
tables by up to 45%. Unfortunately, that measure was vetoed by
the Governor. This measure, which is more modest, seeks to
allow only a three or four table increase to the medium-sized
clubs.
Many of the medium-sized card clubs are unable to accommodate
players who wish to play in their clubs on Friday and Saturday
nights. Individuals often come to a card club on Friday or
Saturday, and wait an hour or more for an opportunity to sit
down and play. Many of these people become discouraged
and leave. This measure would allow these clubs to expand the
number of tables to accommodate the business which they already
have, but which they are unable to serve.
Related legislation : SB 152 (Florez) of 2007 would have allowed
a city, county, or city and county, without permission of the
voters, and pursuant to a gambling ordinance in effect on
January 1, 2007, prohibiting more than 12 tables, to increase
the number of gambling tables by an amount not to exceed 45%, as
described. (Vetoed by the Governor)
AB 1973 (Bermudez) Chapter 854, Statutes of 2006 made a number
of changes in the Gambling Control Act relating to new table
fees for problem gambling, hours and operation, moratorium on
the expansion of gambling, (extended from January 1, 2010 to
January 1, 2015) and eligibility requirements of two members of
the Gambling Control Commission.
AB 635 (Bermudez) Chapter 694, Statutes of 2005 permitted local
governments to revise their ordinances without approval of
voters, and increase the number of gambling tables by up to
24.99% as specified.
AB 864 (Firebaugh) Chapter 872, Statutes of 2004 provided that
an amendment to a local ordinance permitting an expansion of
gambling as specified, may occur without voter approval as
described.
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SB 814 (Vincent) Chapter 799, Statutes of 2003, among its
provisions, extended the moratorium on a city or county
authorizing new local gambling establishments from January 1,
2007, to January 1, 2010.
AB 2431 (Wesson) Chapter 738, Statutes of 2002, increased the
current moratorium on new local gambling establishments from
January 1, 2001, to January 1, 2007 as specified.
SB 952 (Senate Committee on Governmental Organization) Chapter
945, Statutes of 2001, made specified changes relative to the
duties and responsibilities of the California Gambling Control
Commission and the Division of Gambling Control.
SB 100 (Maddy) Chapter 387, Statutes of 1995, established the
original moratorium on local card room expansion, prohibiting
the creation of any new card rooms until January 1, 2001.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0005644