California Senate Bill SB1125 Amended / Bill

 BILL NUMBER: SB 1125AMENDED BILL TEXT AMENDED IN SENATE MARCH 22, 2010 INTRODUCED BY Senator Florez FEBRUARY 18, 2010 An act to amend  Section 19867 of   Sections 19867, 19911, and 19921 of, and to add Section 19843.5 to,  the Business and Professions Code,  and to amend Section 330.11 of the Penal Code,  relating to gaming. LEGISLATIVE COUNSEL'S DIGEST SB 1125, as amended, Florez. Gambling Control  Act: licensing fees   Act.   The   (1)     The  Gambling Control Act provides for the licensure of certain individuals and establishments involved in various gambling activities, and for the regulation of those activities, by the California Gambling Control Commission. Existing law provides for the enforcement of those activities by the Department of Justice. Existing law requires that an application for a license or a determination of suitability be accompanied by a deposit that, in the judgment of the head of the entity within the Department of Justice that is responsible for fulfilling the obligations imposed by the act, will be adequate to pay the anticipated costs and charges incurred in the investigation and processing of the application. Existing law requires the head of that entity to adopt a schedule of costs and charges of investigation for use as guidelines in fixing the amount of any required deposit under these provisions. This bill would require the department and commission to establish an enhanced fee schedule to provide for additional fees to be charged to applicants who wish to have their applications processed and background investigations conducted in an expedited manner.  (2) Existing law permits the commission to adopt regulations related to the operation of a gambling establishment, as provided.   This bill would provide that jackpot funds, to which players have made contributions, are considered trust funds that are held for the benefit of the players and are not the property of the gambling establishment.   (3) Existing law prohibits a person under 21 years of age from being eligible for a work permit in a gambling establishment. Existing law also prohibits a person under 21 years of age from entering the premises of a licensed gambling establishment, except as provided.   This bill would permit a person between 18 and 21 years of age to work in a gambling establishment in a classification that entails providing services on and off the gaming floor that are not involved in play of any controlled game, as provided.   (4) Existing law provides that a banking game does not include a controlled game if the published rules of the game feature a player-dealer position and provide that this position must be continuously and systematically rotated amongst each of the participants during the play of the game, and if other specified conditions are met.   This bill would make a conforming change to these provisions.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 19843.5 is added to the   Business and Professions Code   , to read:   19843.5. Jackpot funds held by a gambling establishment, to which players have made contributions, following the deduction of any administrative fee approved by the bureau, shall be considered to be trust funds that are held for the benefit of the players. These jackpot funds are not the property of the gambling establishment, but are held solely for the benefit of the players.   SECTION 1.   SEC. 2.  Section 19867 of the Business and Professions Code is amended to read: 19867. (a) An application for a license or a determination of suitability shall be accompanied by the deposit of a sum of money that, in the judgment of the chief, will be adequate to pay the anticipated costs and charges incurred in the investigation and processing of the application. The chief shall adopt a schedule of costs and charges of investigation for use as guidelines in fixing the amount of any required deposit under this section. The schedule shall distinguish between initial and renewal licenses with respect to costs and charges. (b) During an investigation, the chief may require an applicant to deposit any additional sums as are required by the department to pay final costs and charges of the investigation. (c) Any money received from an applicant in excess of the costs and charges incurred in the investigation or the processing of the application shall be refunded pursuant to regulations adopted by the department. At the conclusion of the investigation, the chief shall provide the applicant a written, itemized accounting of the costs and charges thereby incurred. (d) The department and the commission shall establish an enhanced fee schedule for applicants who wish to have their applications processed and background investigations conducted in an expedited manner. The payment of those enhanced fees shall entitle the applicant to have their applications processed in a shorter period of time than normally would be the case.  SEC. 3.   Section 19911 of the   Business and Professions Code   is amended to read:  19911.  (a)    No person under  the age of 21 years   21 years of age  shall be eligible for a work permit and no permit shall be issued to a person under  the age of 21 years   21 years of age  .  (b) A person between 18 and 21 years of age may be employed to work in a gambling establishment, provided that they may not work as dealers, floor men, or any other employment classification that exclusively involves working on the floor of the gambling establishment. A person between 18 and 21 years of age may be employed in job classifications that entail providing services on and off the gaming floor that are not involved in play of any controlled game.   SEC. 4.   Section 19921 of the   Business and Professions Code   is amended to read:  19921. (a) No person under 21 years of age shall be permitted to enter upon the premises of a licensed gambling establishment, or any part thereof, except the following: (1) An area, physically separated from any gambling area, for the exclusive purpose of dining. For purposes of this subdivision, any place wherein food or beverages are dispensed primarily by vending machines shall not constitute a place for dining. (2) Restrooms. (3) A supervised room that is physically separated from any gambling area and used primarily for the purpose of entertainment or recreation. (4) A designated pathway to reach any of the areas described in paragraphs (1) to (3), inclusive. To the extent that the designated pathway requires an individual to enter upon or pass through the gaming floor, all persons under 21 years of age shall be accompanied by a person over 21 years of age or be in the presence of a gambling establishment employee over 21 years of age.  (5) In accordance with the provisions of subdivision (b) of Section 19921.  (b) No person under 21 years of age shall be permitted to loiter in a gaming area.  SEC. 5.   Section 330.11 of the   Penal Code   is amended to read:  330.11. "Banking game" or "banked game" does not include a controlled game if the published rules of the game feature a player-dealer position and provide that this position must be continuously and systematically rotated amongst each of the participants during the play of the game, ensure that the player-dealer is able to win or lose only a fixed and limited wager during the play of the game, and preclude the  house   gambling enterprise , another entity, a player, or an observer from maintaining or operating as a bank during the course of the game. For purposes of this section it is not the intent of the Legislature to mandate acceptance of the deal by every player if the division finds that the rules of the game render the maintenance of or operation of a bank impossible by other means. The  house   gambling enterprise  shall not occupy the player-dealer position.