BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  SB  
          1485
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2009-2010 Regular Session
                                 Staff Analysis



          SB 1485  Author:  Committee on Governmental Organization
          As Introduced:  March 8, 2010
          Hearing Date:  April 13, 2010
          Consultant:  Chris Lindstrom


                                     SUBJECT  

                        Gambling Control Act: licenses.

                                   DESCRIPTION
           
          SB 1485 clarifies and updates the definition of "key  
          employee" in the Gambling Control Act.  

          Specifically, the bill deletes the terms pit bosses and  
          shift bosses from the definition of key employee and adds  
          shift managers and surveillance managers or supervisors to  
          the definition of key employee.

                                   EXISTING LAW

           Existing law, 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. 

          Existing law provides for the enforcement of those gambling  
          activities by Department of Justice (DOJ).

          Existing law makes it a crime for specified persons to fail  
          to apply for and obtain from CGCC, and to thereafter  
          maintain, a valid key employee license.  

          Existing law defines "key employee" as any natural person  
          employed in the operation of a gambling enterprise in a  




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          supervisory capacity or empowered to make discretionary  
          decisions that regulate gambling operations, including,  
          without limitation, pit bosses, shift bosses, credit  
          executives, cashier operations supervisors, gambling  
          operation managers and assistant managers, managers or  
          supervisors of security employees, or any other natural  
          person designated as a key employee by DOJ for reasons  
          consistent with the policies of the Act.

                                         
                                   BACKGROUND
           
          Background.  The Act provides CGCC with jurisdiction over  
          the operation of gambling establishments in California.   
          The Act assigns 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 inimical to  
          the public health, safety, or welfare.  The Act directs  
          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.  DOJ conducts background and field  
          investigations and enforces the provisions of the Act in  
          this regard.

          Definition of key employee.  SB 1485 changes the definition  
          of key employee to include persons who are empowered to  
          make discretionary decisions with regard to gambling  
          operations rather than persons who are empowered to make  
          discretionary decisions that regulate gambling operations.   
          This change provides CGCC the authority to license those  
          persons that have control over gambling operations in card  
          clubs, and, further, the state and local governments  
          regulate gambling, not the card clubs.

          SB 1485 also deletes the term "pit bosses" and "shift  
          bosses" from the definition of key employee and replaces it  
          with "shift managers".  The terms "pit bosses" and "shift  
          bosses" are generally used in Nevada casinos, not in card  
          clubs which use the term "shift managers".  

          Finally, SB 1485 includes surveillance managers or  
          supervisors in the definition of key employee.  These are  
          persons who play a key role in the security, oversight, and  




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          in some cases, investigations of card club activities.  

                            PRIOR/RELATED LEGISLATION
           
           AB 293 (Mendoza), 2009-2010 Legislative Session  .  Among  
          other things, expands the definition of the term "license"  
          to mean any license issued by CGCC.  Pending in Assembly  
          Appropriations Committee.
          
           AB 1577 (Governmental Organization Committee), 2009-2010  
          Legislative Session  .  Among other things, expands the  
          definition of the term "license" to mean any license issued  
          by CGCC.  Pending in Assembly Governmental Organization  
          Committee.
          
           SB 1664 (Yee), 2007-2008 Legislative Session  .  Among other  
          things, would have modified the definition of key employee  
          similar to SB 829 (GO Committee) of 2009.  Held in Assembly  
          Appropriations Committee.
          
           SB 1678 (Florez), 2007-2008 Legislative Session  .  Would  
          have added to the definition of "license" any other license  
          issued by the CGCC pursuant to the Gambling Control Act or  
          by a regulation adopted pursuant to that Act.  Gutted and  
          amended in the Assembly.  Held in Assembly Rules Committee.

           SB 730 (Florez), Chapter 438, Statutes of 2007  .  Makes  
          various changes to the licensing and regulatory processes  
          related to key employees for gambling establishments under  
          the Gambling Control Act (Act).  

           AB 1753 (Governmental Organization Committee), Chapter 546,  
          Statutes of 2005  .  Deletes the residency requirement for  
          key employees of California cardrooms.  Revises the  
          penalties for violations of California's gambling related  
          laws.

           SB 8 (Lockyer), Chapter 867, Statutes of 1997  .  Repealed  
          the Gaming Regulation Act, and instead enacted the Gambling  
          Control Act, which provided for DOJ to investigate and  
          enforce controlled gambling in the state.  It also  
          establishes CGCC to regulate gambling in this state to  
          issue, suspend, or revoke gambling licenses.

           SUPPORT / OPPOSE  :  None on file as of April 9, 2010.





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           FISCAL COMMITTEE:   Senate Appropriations Committee



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