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, 2008) |SENATE: |33-5 |(July 2, 2008) |
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(vote not relevant)
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|COMMITTEE VOTE: |11-0 |(August 20, 2008) |RECOMMENDATION: | concur |
| | | | | |
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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:
a) 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; or,
b) 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,
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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 bill is
intended to allow cities and counties that have medium-sized 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 bill 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% 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
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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 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. AB 163, 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
bill 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, makes 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, permits local
governments to revise their ordinances without approval of voters,
and increase the number of gambling tables by up to 24.99% as
specified.
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AB 864 (Firebaugh) Chapter 872, Statutes of 2004, provides that an
amendment to a local ordinance permitting an expansion of gambling
as specified, may occur without voter approval as described.
SB 814 (Vincent) Chapter 799, Statutes of 2003, among its
provisions, extends 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, increases the
current moratorium on new local gambling establishments from
January 1, 2001, to January 1, 2007 as specified.
SB 952 (Committee on Governmental Organization) Chapter 945,
Statutes of 2001, makes 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, establishes 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: 0007395