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| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 432Introduced by Assembly Member GipsonFebruary 04, 2021 An act to amend Sections 19824 and 19859 of, and to add Sections 19824.2 and 19859.2 to, the Business and Professions Code, relating to gambling. LEGISLATIVE COUNSEL'S DIGESTAB 432, as introduced, Gipson. Gambling licenses: disqualifying convictions.Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires the commission to deny a state gambling license to an applicant for certain reasons, including, among others, that the applicant has a conviction of a felony, as specified, or a conviction for a misdemeanor involving dishonesty or moral turpitude within the 10-year period preceding the submission of the application, except as specified. This bill would remove a conviction of a felony or a misdemeanor described above from the reasons for which the commission is required to deny a state gambling license to an applicant. The bill, instead, would require the commission to deny a license if the applicant has been convicted of a crime within the preceding 7 years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee, regardless of whether the applicant was incarcerated for that crime, except as specified. The bill would also require the commission to deny a license if the applicant has been convicted of a crime that is substantially related to the qualifications, functions, or duties of a licensee and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding 7 years, except as specified. The bill would prohibit the commission from denying, suspending, or revoking a license without considering whether a person has made a showing of rehabilitation if certain conditions are met. The bill would require the commission to develop criteria for determining whether a crime is substantially related to the qualifications, functions, or duties of a licensee. The bill would require the commission to post a summary of the criteria on its internet website. The bill would also require the commission to develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license.The bill would require the commission to follow certain procedures when acting on an applicants or licensees criminal history information. The bill would also require the commission to annually submit a report to the Legislature and post the report on its internet website containing specified deidentified information regarding actions taken by the commission based on an applicants or licensees criminal history information.Existing law also requires the commission to deny a license to an applicant for failure to provide certain information, documentation, and assurances, failure to reveal any fact material to qualification, or supplying information that is untrue or misleading as to a material fact pertaining to the qualification criteria.This bill, as an exception to that provision, would prohibit the commission from denying a license based solely on an applicants failure to disclose a fact that would not have been cause for denial of the license had it been disclosed. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 19824 of the Business and Professions Code is amended to read:19824. The commission shall have all powers necessary and proper to enable it fully and effectually to carry out the policies and purposes of this chapter, including, without limitation, the power to do all of the following:(a) Require any person to apply for a license, permit, registration, or approval as specified in this chapter, or regulations adopted pursuant to this chapter.(b) For Subject to Section 19824.2, for any cause deemed reasonable by the commission, deny any application for a license, permit, or approval provided for in this chapter or regulations adopted pursuant to this chapter, limit, condition, or restrict any license, permit, or approval, or impose any fine upon any person licensed or approved. The commission may condition, restrict, discipline, or take action against the license of an individual owner endorsed on the license certificate of the gambling enterprise whether or not the commission takes action against the license of the gambling enterprise.(c) Approve or disapprove transactions, events, and processes as provided in this chapter.(d) Take actions deemed to be reasonable to ensure that no ineligible, unqualified, disqualified, or unsuitable persons are associated with controlled gambling activities.(e) Take actions deemed to be reasonable to ensure that gambling activities take place only in suitable locations.(f) Grant temporary licenses, permits, or approvals on appropriate terms and conditions.(g) Institute a civil action in any superior court against any person subject to this chapter to restrain a violation of this chapter. An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person by the Attorney General or any district attorney or city attorney.(h) Issue subpoenas to compel attendance of witnesses and production of documents and other material things at a meeting or hearing of the commission or its committees, including advisory committees.SEC. 2. Section 19824.2 is added to the Business and Professions Code, to read:19824.2. (a) The commission shall develop criteria to aid in the determination of whether a crime is substantially related to the qualifications, functions, or duties of a licensee for purposes of considering the denial, suspension, or revocation of a license. The criteria shall include all of the following:(1) The nature and gravity of the offense.(2) The number of years elapsed since the date of the offense.(3) The nature and duties of a licensee.(b) The commission shall post on its internet website a summary of the criteria used to consider whether a crime is considered to be substantially related to the qualifications, functions, or duties of a licensee.(c) The commission shall develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license. The commission shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee.(d) The commission shall not deny, suspend, or revoke a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant or licensee pursuant to any process established in this chapter or regulations of the commission and as directed by subdivision (c). SEC. 3. Section 19859 of the Business and Professions Code is amended to read:19859. The commission shall deny a license to any applicant who is disqualified for any of the following reasons:(a) Failure of the applicant to clearly establish eligibility and qualification in accordance with this chapter.(b) Failure (1) Except as provided in paragraph (2), failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the chief, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria.(c)(1)Except as provided in paragraph (2), conviction of a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in California.(2) The commission shall not deny a license based solely on an applicants failure to disclose a fact that would not have been cause for denial of the license had it been disclosed.(c) (1) Except as provided in paragraphs (2) and (3), conviction of a crime within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee, regardless of whether the applicant was incarcerated for that crime, or a crime that is substantially related to the qualifications, functions, or duties of a licensee and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application. However, the preceding seven-year limitation shall not apply in either of the following situations:(A) The applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code.(B) The applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the fiduciary qualifications, functions, or duties of a licensee, pursuant to regulations adopted by the commission.(2) A conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny a license pursuant to this section.(d)Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the commission under Section 19856 or affect the applicants burden under Section 19857.(3) The commission shall not deny a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant as directed by Section 19824.2.(d) The applicant has been subjected to formal discipline by a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the commission and that is substantially related to the qualifications, functions, or duties of a licensee. However, prior disciplinary action by a licensing board within the preceding seven years shall not be the basis for denial of a license if the basis for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code or a comparable dismissal or expungement.(e) Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(f) Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; gambling, official corruption related to gambling activities; activities, or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(g) The applicant is less than 21 years of age, except as provided by this chapter.SEC. 4. Section 19859.2 is added to the Business and Professions Code, to read:19859.2. (a) If the commission decides to deny an application for licensure based solely or in part on the applicants conviction history, the commission shall notify the applicant in writing of all of the following:(1) The denial or disqualification of licensure.(2) Any existing procedure the commission has for the applicant to challenge the decision or to request reconsideration.(3) That the applicant has the right to appeal the commissions decision.(4) The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record pursuant to Sections 11122 to 11127, inclusive, of the Penal Code.(b) For a minimum of three years, the commission shall retain application forms and other documents submitted by an applicant, any notice provided to an applicant, all other communications received from and provided to an applicant, and criminal history reports of an applicant.(c) The commission shall retain all of the following information:(1) The number of applications received for each license.(2) The number of applicants with a criminal record who received notice of denial or disqualification of licensure.(3) The number of applicants with a criminal record who provided evidence of mitigation or rehabilitation.(4) The number of applicants with a criminal record who appealed any denial or disqualification of licensure.(5) The final disposition and demographic information, consisting of voluntarily provided information on race or gender, of any applicant described in paragraph (2), (3), or (4).(d) The commission shall annually make available to the public through the commissions internet website and through a report submitted to the appropriate policy committees of the Legislature in compliance with Section 9795 of the Government Code deidentified information collected pursuant to this section. The commission shall ensure confidentiality of the individual applicants. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 432Introduced by Assembly Member GipsonFebruary 04, 2021 An act to amend Sections 19824 and 19859 of, and to add Sections 19824.2 and 19859.2 to, the Business and Professions Code, relating to gambling. LEGISLATIVE COUNSEL'S DIGESTAB 432, as introduced, Gipson. Gambling licenses: disqualifying convictions.Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires the commission to deny a state gambling license to an applicant for certain reasons, including, among others, that the applicant has a conviction of a felony, as specified, or a conviction for a misdemeanor involving dishonesty or moral turpitude within the 10-year period preceding the submission of the application, except as specified. This bill would remove a conviction of a felony or a misdemeanor described above from the reasons for which the commission is required to deny a state gambling license to an applicant. The bill, instead, would require the commission to deny a license if the applicant has been convicted of a crime within the preceding 7 years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee, regardless of whether the applicant was incarcerated for that crime, except as specified. The bill would also require the commission to deny a license if the applicant has been convicted of a crime that is substantially related to the qualifications, functions, or duties of a licensee and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding 7 years, except as specified. The bill would prohibit the commission from denying, suspending, or revoking a license without considering whether a person has made a showing of rehabilitation if certain conditions are met. The bill would require the commission to develop criteria for determining whether a crime is substantially related to the qualifications, functions, or duties of a licensee. The bill would require the commission to post a summary of the criteria on its internet website. The bill would also require the commission to develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license.The bill would require the commission to follow certain procedures when acting on an applicants or licensees criminal history information. The bill would also require the commission to annually submit a report to the Legislature and post the report on its internet website containing specified deidentified information regarding actions taken by the commission based on an applicants or licensees criminal history information.Existing law also requires the commission to deny a license to an applicant for failure to provide certain information, documentation, and assurances, failure to reveal any fact material to qualification, or supplying information that is untrue or misleading as to a material fact pertaining to the qualification criteria.This bill, as an exception to that provision, would prohibit the commission from denying a license based solely on an applicants failure to disclose a fact that would not have been cause for denial of the license had it been disclosed. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | - | Amended IN Assembly April 05, 2021 | |
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| 7 | - | Amended IN Assembly April 05, 2021 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 432 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member GipsonFebruary 04, 2021 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Gipson | |
| 18 | 18 | February 04, 2021 | |
| 19 | 19 | ||
| 20 | - | An act to amend Sections 19824 and 19859 | |
| 20 | + | An act to amend Sections 19824 and 19859 of, and to add Sections 19824.2 and 19859.2 to, the Business and Professions Code, relating to gambling. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 432, as | |
| 26 | + | AB 432, as introduced, Gipson. Gambling licenses: disqualifying convictions. | |
| 27 | 27 | ||
| 28 | - | The Gambling Control Act provides for the licensure and regulation of various legalized gambling activities and establishments 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 person who deals, operates, carries on, conducts, maintains, or exposes for play any controlled game in this state, or who receives any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on any controlled game in this state, to apply for and obtain a valid state gambling license, key employee license, or work permit. Existing law provides that an owner of a gambling enterprise is known as the owner-licensee. Under existing law, other persons who also obtain a state gambling license do not receive a separate license certificate, but instead the license of those persons are endorsed on the license certificate that is issued to the owner-licensee. Under existing law, a key employee license entitles the holder to work as a key employee in any key employee position at any gambling establishment, provided that the key employee terminates employment with one gambling establishment before commencing work for another. Existing law also authorizes a key employee with a valid personal portable license to work as a key employee in any key employee position in more than one gambling establishment and requires the commission to establish a program for portable personal licenses for key employees.This bill would repeal those provisions relating to key employees working at different gambling establishments and would instead prohibit a person or entity that is issued a license, including a key employee license, or a work permit from the commission from being required to apply for an additional license to hold that same position with another gambling enterprise. The bill would allow the person or entity to submit their license or work permit number to the commission to be endorsed on the license certificate of another gambling enterprise for that same position.Existing law requires a license issued by the commission to be renewed biennially.Under this bill, a key employee license would initially be valid for a period of 2 years, and upon each renewal, the key employee license would be valid for a period of 3 years.Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires the commission to deny a state gambling license to an applicant for certain reasons, including, among others, that the applicant has a conviction of a felony, as specified, or a conviction for a misdemeanor involving dishonesty or moral turpitude within the 10-year period preceding the submission of the application, except as specified. This bill would remove a conviction of a felony or a misdemeanor described above from the reasons for which the commission is required to deny a state gambling license to an applicant. The bill, instead, would require the commission to deny a license if the applicant has been convicted of a crime within the preceding 7 years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee, regardless of whether the applicant was incarcerated for that crime, except as specified. The bill would also require the commission to deny a license if the applicant has been convicted of a crime that is substantially related to the qualifications, functions, or duties of a licensee and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding 7 years, except as specified. The bill would prohibit the commission from denying, suspending, or revoking a license without considering whether a person has made a showing of rehabilitation if certain conditions are met. The bill would require the commission to develop criteria for determining whether a crime is substantially related to the qualifications, functions, or duties of a licensee. The bill would require the commission to post a summary of the criteria on its internet website. The bill would also require the commission to develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license.The bill would require the commission to follow certain procedures when acting on an applicants or licensees criminal history information. The bill would also require the commission to annually submit a report to the Legislature and post the report on its internet website containing specified deidentified information regarding actions taken by the commission based on an applicants or licensees criminal history information.Existing law also requires the commission to deny a license to an applicant for failure to provide certain information, documentation, and assurances, failure to reveal any fact material to qualification, or supplying information that is untrue or misleading as to a material fact pertaining to the qualification criteria.This bill, as an exception to that provision, would prohibit the commission from denying a license based solely on an applicants failure to disclose a fact that would not have been cause for denial of the license had it been disclosed. | |
| 29 | - | ||
| 30 | - | The Gambling Control Act provides for the licensure and regulation of various legalized gambling activities and establishments 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 person who deals, operates, carries on, conducts, maintains, or exposes for play any controlled game in this state, or who receives any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on any controlled game in this state, to apply for and obtain a valid state gambling license, key employee license, or work permit. Existing law provides that an owner of a gambling enterprise is known as the owner-licensee. Under existing law, other persons who also obtain a state gambling license do not receive a separate license certificate, but instead the license of those persons are endorsed on the license certificate that is issued to the owner-licensee. Under existing law, a key employee license entitles the holder to work as a key employee in any key employee position at any gambling establishment, provided that the key employee terminates employment with one gambling establishment before commencing work for another. Existing law also authorizes a key employee with a valid personal portable license to work as a key employee in any key employee position in more than one gambling establishment and requires the commission to establish a program for portable personal licenses for key employees. | |
| 31 | - | ||
| 32 | - | This bill would repeal those provisions relating to key employees working at different gambling establishments and would instead prohibit a person or entity that is issued a license, including a key employee license, or a work permit from the commission from being required to apply for an additional license to hold that same position with another gambling enterprise. The bill would allow the person or entity to submit their license or work permit number to the commission to be endorsed on the license certificate of another gambling enterprise for that same position. | |
| 33 | - | ||
| 34 | - | Existing law requires a license issued by the commission to be renewed biennially. | |
| 35 | - | ||
| 36 | - | Under this bill, a key employee license would initially be valid for a period of 2 years, and upon each renewal, the key employee license would be valid for a period of 3 years. | |
| 28 | + | Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires the commission to deny a state gambling license to an applicant for certain reasons, including, among others, that the applicant has a conviction of a felony, as specified, or a conviction for a misdemeanor involving dishonesty or moral turpitude within the 10-year period preceding the submission of the application, except as specified. This bill would remove a conviction of a felony or a misdemeanor described above from the reasons for which the commission is required to deny a state gambling license to an applicant. The bill, instead, would require the commission to deny a license if the applicant has been convicted of a crime within the preceding 7 years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee, regardless of whether the applicant was incarcerated for that crime, except as specified. The bill would also require the commission to deny a license if the applicant has been convicted of a crime that is substantially related to the qualifications, functions, or duties of a licensee and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding 7 years, except as specified. The bill would prohibit the commission from denying, suspending, or revoking a license without considering whether a person has made a showing of rehabilitation if certain conditions are met. The bill would require the commission to develop criteria for determining whether a crime is substantially related to the qualifications, functions, or duties of a licensee. The bill would require the commission to post a summary of the criteria on its internet website. The bill would also require the commission to develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license.The bill would require the commission to follow certain procedures when acting on an applicants or licensees criminal history information. The bill would also require the commission to annually submit a report to the Legislature and post the report on its internet website containing specified deidentified information regarding actions taken by the commission based on an applicants or licensees criminal history information.Existing law also requires the commission to deny a license to an applicant for failure to provide certain information, documentation, and assurances, failure to reveal any fact material to qualification, or supplying information that is untrue or misleading as to a material fact pertaining to the qualification criteria.This bill, as an exception to that provision, would prohibit the commission from denying a license based solely on an applicants failure to disclose a fact that would not have been cause for denial of the license had it been disclosed. | |
| 37 | 29 | ||
| 38 | 30 | Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires the commission to deny a state gambling license to an applicant for certain reasons, including, among others, that the applicant has a conviction of a felony, as specified, or a conviction for a misdemeanor involving dishonesty or moral turpitude within the 10-year period preceding the submission of the application, except as specified. | |
| 39 | 31 | ||
| 40 | - | ||
| 41 | - | ||
| 42 | 32 | This bill would remove a conviction of a felony or a misdemeanor described above from the reasons for which the commission is required to deny a state gambling license to an applicant. The bill, instead, would require the commission to deny a license if the applicant has been convicted of a crime within the preceding 7 years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee, regardless of whether the applicant was incarcerated for that crime, except as specified. The bill would also require the commission to deny a license if the applicant has been convicted of a crime that is substantially related to the qualifications, functions, or duties of a licensee and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding 7 years, except as specified. The bill would prohibit the commission from denying, suspending, or revoking a license without considering whether a person has made a showing of rehabilitation if certain conditions are met. | |
| 43 | - | ||
| 44 | - | ||
| 45 | 33 | ||
| 46 | 34 | The bill would require the commission to develop criteria for determining whether a crime is substantially related to the qualifications, functions, or duties of a licensee. The bill would require the commission to post a summary of the criteria on its internet website. The bill would also require the commission to develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license. | |
| 47 | 35 | ||
| 48 | - | ||
| 49 | - | ||
| 50 | 36 | The bill would require the commission to follow certain procedures when acting on an applicants or licensees criminal history information. The bill would also require the commission to annually submit a report to the Legislature and post the report on its internet website containing specified deidentified information regarding actions taken by the commission based on an applicants or licensees criminal history information. | |
| 51 | - | ||
| 52 | - | ||
| 53 | 37 | ||
| 54 | 38 | Existing law also requires the commission to deny a license to an applicant for failure to provide certain information, documentation, and assurances, failure to reveal any fact material to qualification, or supplying information that is untrue or misleading as to a material fact pertaining to the qualification criteria. | |
| 55 | 39 | ||
| 56 | - | ||
| 57 | - | ||
| 58 | 40 | This bill, as an exception to that provision, would prohibit the commission from denying a license based solely on an applicants failure to disclose a fact that would not have been cause for denial of the license had it been disclosed. | |
| 59 | - | ||
| 60 | - | ||
| 61 | 41 | ||
| 62 | 42 | ## Digest Key | |
| 63 | 43 | ||
| 64 | 44 | ## Bill Text | |
| 65 | 45 | ||
| 66 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 19824 of the Business and Professions Code is amended to read:19824. The commission shall have all powers necessary and proper to enable it fully and effectually to carry out the policies and purposes of this chapter, including, without limitation, the power to do all of the following:(a) Require any person to apply for a license, permit, registration, or approval as specified in this chapter, or regulations adopted pursuant to this chapter.(b) For Subject to Section 19824.2, for any cause deemed reasonable by the commission, deny any application for a license, permit, or approval provided for in this chapter or regulations adopted pursuant to this chapter, limit, condition, or restrict any license, permit, or approval, or impose any fine upon any person licensed or approved. The commission may condition, restrict, discipline, or take action against the license of an individual owner endorsed on the license certificate of the gambling enterprise whether or not the commission takes action against the license of the gambling enterprise.(c) Approve or disapprove transactions, events, and processes as provided in this chapter.(d) Take actions deemed to be reasonable to ensure that no ineligible, unqualified, disqualified, or unsuitable persons are associated with controlled gambling activities.(e) Take actions deemed to be reasonable to ensure that gambling activities take place only in suitable locations.(f) Grant temporary licenses, permits, or approvals on appropriate terms and conditions.(g) Institute a civil action in any superior court against any person subject to this chapter to restrain a violation of this chapter. An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person by the Attorney General or any district attorney or city attorney.(h) Issue subpoenas to compel attendance of witnesses and production of documents and other material things at a meeting or hearing of the commission or its committees, including advisory committees.SEC. 2. Section 19824.2 is added to the Business and Professions Code, to read:19824.2. (a) The commission shall develop criteria to aid in the determination of whether a crime is substantially related to the qualifications, functions, or duties of a licensee for purposes of considering the denial, suspension, or revocation of a license. The criteria shall include all of the following:(1) The nature and gravity of the offense.(2) The number of years elapsed since the date of the offense.(3) The nature and duties of a licensee.(b) The commission shall post on its internet website a summary of the criteria used to consider whether a crime is considered to be substantially related to the qualifications, functions, or duties of a licensee.(c) The commission shall develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license. The commission shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee.(d) The commission shall not deny, suspend, or revoke a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant or licensee pursuant to any process established in this chapter or regulations of the commission and as directed by subdivision (c). SEC. 3. Section 19859 of the Business and Professions Code is amended to read:19859. The commission shall deny a license to any applicant who is disqualified for any of the following reasons:(a) Failure of the applicant to clearly establish eligibility and qualification in accordance with this chapter.(b) Failure (1) Except as provided in paragraph (2), failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the chief, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria.(c)(1)Except as provided in paragraph (2), conviction of a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in California.(2) The commission shall not deny a license based solely on an applicants failure to disclose a fact that would not have been cause for denial of the license had it been disclosed.(c) (1) Except as provided in paragraphs (2) and (3), conviction of a crime within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee, regardless of whether the applicant was incarcerated for that crime, or a crime that is substantially related to the qualifications, functions, or duties of a licensee and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application. However, the preceding seven-year limitation shall not apply in either of the following situations:(A) The applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code.(B) The applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the fiduciary qualifications, functions, or duties of a licensee, pursuant to regulations adopted by the commission.(2) A conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny a license pursuant to this section.(d)Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the commission under Section 19856 or affect the applicants burden under Section 19857.(3) The commission shall not deny a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant as directed by Section 19824.2.(d) The applicant has been subjected to formal discipline by a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the commission and that is substantially related to the qualifications, functions, or duties of a licensee. However, prior disciplinary action by a licensing board within the preceding seven years shall not be the basis for denial of a license if the basis for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code or a comparable dismissal or expungement.(e) Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(f) Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; gambling, official corruption related to gambling activities; activities, or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(g) The applicant is less than 21 years of age, except as provided by this chapter.SEC. 4. Section 19859.2 is added to the Business and Professions Code, to read:19859.2. (a) If the commission decides to deny an application for licensure based solely or in part on the applicants conviction history, the commission shall notify the applicant in writing of all of the following:(1) The denial or disqualification of licensure.(2) Any existing procedure the commission has for the applicant to challenge the decision or to request reconsideration.(3) That the applicant has the right to appeal the commissions decision.(4) The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record pursuant to Sections 11122 to 11127, inclusive, of the Penal Code.(b) For a minimum of three years, the commission shall retain application forms and other documents submitted by an applicant, any notice provided to an applicant, all other communications received from and provided to an applicant, and criminal history reports of an applicant.(c) The commission shall retain all of the following information:(1) The number of applications received for each license.(2) The number of applicants with a criminal record who received notice of denial or disqualification of licensure.(3) The number of applicants with a criminal record who provided evidence of mitigation or rehabilitation.(4) The number of applicants with a criminal record who appealed any denial or disqualification of licensure.(5) The final disposition and demographic information, consisting of voluntarily provided information on race or gender, of any applicant described in paragraph (2), (3), or (4).(d) The commission shall annually make available to the public through the commissions internet website and through a report submitted to the appropriate policy committees of the Legislature in compliance with Section 9795 of the Government Code deidentified information collected pursuant to this section. The commission shall ensure confidentiality of the individual applicants. | |
| 67 | 47 | ||
| 68 | 48 | The people of the State of California do enact as follows: | |
| 69 | 49 | ||
| 70 | 50 | ## The people of the State of California do enact as follows: | |
| 71 | 51 | ||
| 72 | - | SECTION 1. Section | |
| 52 | + | SECTION 1. Section 19824 of the Business and Professions Code is amended to read:19824. The commission shall have all powers necessary and proper to enable it fully and effectually to carry out the policies and purposes of this chapter, including, without limitation, the power to do all of the following:(a) Require any person to apply for a license, permit, registration, or approval as specified in this chapter, or regulations adopted pursuant to this chapter.(b) For Subject to Section 19824.2, for any cause deemed reasonable by the commission, deny any application for a license, permit, or approval provided for in this chapter or regulations adopted pursuant to this chapter, limit, condition, or restrict any license, permit, or approval, or impose any fine upon any person licensed or approved. The commission may condition, restrict, discipline, or take action against the license of an individual owner endorsed on the license certificate of the gambling enterprise whether or not the commission takes action against the license of the gambling enterprise.(c) Approve or disapprove transactions, events, and processes as provided in this chapter.(d) Take actions deemed to be reasonable to ensure that no ineligible, unqualified, disqualified, or unsuitable persons are associated with controlled gambling activities.(e) Take actions deemed to be reasonable to ensure that gambling activities take place only in suitable locations.(f) Grant temporary licenses, permits, or approvals on appropriate terms and conditions.(g) Institute a civil action in any superior court against any person subject to this chapter to restrain a violation of this chapter. An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person by the Attorney General or any district attorney or city attorney.(h) Issue subpoenas to compel attendance of witnesses and production of documents and other material things at a meeting or hearing of the commission or its committees, including advisory committees. | |
| 73 | 53 | ||
| 74 | - | SECTION 1. Section | |
| 54 | + | SECTION 1. Section 19824 of the Business and Professions Code is amended to read: | |
| 75 | 55 | ||
| 76 | 56 | ### SECTION 1. | |
| 77 | 57 | ||
| 78 | - | ||
| 58 | + | 19824. The commission shall have all powers necessary and proper to enable it fully and effectually to carry out the policies and purposes of this chapter, including, without limitation, the power to do all of the following:(a) Require any person to apply for a license, permit, registration, or approval as specified in this chapter, or regulations adopted pursuant to this chapter.(b) For Subject to Section 19824.2, for any cause deemed reasonable by the commission, deny any application for a license, permit, or approval provided for in this chapter or regulations adopted pursuant to this chapter, limit, condition, or restrict any license, permit, or approval, or impose any fine upon any person licensed or approved. The commission may condition, restrict, discipline, or take action against the license of an individual owner endorsed on the license certificate of the gambling enterprise whether or not the commission takes action against the license of the gambling enterprise.(c) Approve or disapprove transactions, events, and processes as provided in this chapter.(d) Take actions deemed to be reasonable to ensure that no ineligible, unqualified, disqualified, or unsuitable persons are associated with controlled gambling activities.(e) Take actions deemed to be reasonable to ensure that gambling activities take place only in suitable locations.(f) Grant temporary licenses, permits, or approvals on appropriate terms and conditions.(g) Institute a civil action in any superior court against any person subject to this chapter to restrain a violation of this chapter. An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person by the Attorney General or any district attorney or city attorney.(h) Issue subpoenas to compel attendance of witnesses and production of documents and other material things at a meeting or hearing of the commission or its committees, including advisory committees. | |
| 79 | 59 | ||
| 80 | - | ||
| 60 | + | 19824. The commission shall have all powers necessary and proper to enable it fully and effectually to carry out the policies and purposes of this chapter, including, without limitation, the power to do all of the following:(a) Require any person to apply for a license, permit, registration, or approval as specified in this chapter, or regulations adopted pursuant to this chapter.(b) For Subject to Section 19824.2, for any cause deemed reasonable by the commission, deny any application for a license, permit, or approval provided for in this chapter or regulations adopted pursuant to this chapter, limit, condition, or restrict any license, permit, or approval, or impose any fine upon any person licensed or approved. The commission may condition, restrict, discipline, or take action against the license of an individual owner endorsed on the license certificate of the gambling enterprise whether or not the commission takes action against the license of the gambling enterprise.(c) Approve or disapprove transactions, events, and processes as provided in this chapter.(d) Take actions deemed to be reasonable to ensure that no ineligible, unqualified, disqualified, or unsuitable persons are associated with controlled gambling activities.(e) Take actions deemed to be reasonable to ensure that gambling activities take place only in suitable locations.(f) Grant temporary licenses, permits, or approvals on appropriate terms and conditions.(g) Institute a civil action in any superior court against any person subject to this chapter to restrain a violation of this chapter. An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person by the Attorney General or any district attorney or city attorney.(h) Issue subpoenas to compel attendance of witnesses and production of documents and other material things at a meeting or hearing of the commission or its committees, including advisory committees. | |
| 81 | 61 | ||
| 82 | - | ||
| 62 | + | 19824. The commission shall have all powers necessary and proper to enable it fully and effectually to carry out the policies and purposes of this chapter, including, without limitation, the power to do all of the following:(a) Require any person to apply for a license, permit, registration, or approval as specified in this chapter, or regulations adopted pursuant to this chapter.(b) For Subject to Section 19824.2, for any cause deemed reasonable by the commission, deny any application for a license, permit, or approval provided for in this chapter or regulations adopted pursuant to this chapter, limit, condition, or restrict any license, permit, or approval, or impose any fine upon any person licensed or approved. The commission may condition, restrict, discipline, or take action against the license of an individual owner endorsed on the license certificate of the gambling enterprise whether or not the commission takes action against the license of the gambling enterprise.(c) Approve or disapprove transactions, events, and processes as provided in this chapter.(d) Take actions deemed to be reasonable to ensure that no ineligible, unqualified, disqualified, or unsuitable persons are associated with controlled gambling activities.(e) Take actions deemed to be reasonable to ensure that gambling activities take place only in suitable locations.(f) Grant temporary licenses, permits, or approvals on appropriate terms and conditions.(g) Institute a civil action in any superior court against any person subject to this chapter to restrain a violation of this chapter. An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person by the Attorney General or any district attorney or city attorney.(h) Issue subpoenas to compel attendance of witnesses and production of documents and other material things at a meeting or hearing of the commission or its committees, including advisory committees. | |
| 83 | 63 | ||
| 84 | 64 | ||
| 85 | 65 | ||
| 86 | - | ||
| 66 | + | 19824. The commission shall have all powers necessary and proper to enable it fully and effectually to carry out the policies and purposes of this chapter, including, without limitation, the power to do all of the following: | |
| 87 | 67 | ||
| 88 | - | ( | |
| 68 | + | (a) Require any person to apply for a license, permit, registration, or approval as specified in this chapter, or regulations adopted pursuant to this chapter. | |
| 89 | 69 | ||
| 90 | - | ( | |
| 70 | + | (b) For Subject to Section 19824.2, for any cause deemed reasonable by the commission, deny any application for a license, permit, or approval provided for in this chapter or regulations adopted pursuant to this chapter, limit, condition, or restrict any license, permit, or approval, or impose any fine upon any person licensed or approved. The commission may condition, restrict, discipline, or take action against the license of an individual owner endorsed on the license certificate of the gambling enterprise whether or not the commission takes action against the license of the gambling enterprise. | |
| 91 | 71 | ||
| 92 | - | ( | |
| 72 | + | (c) Approve or disapprove transactions, events, and processes as provided in this chapter. | |
| 93 | 73 | ||
| 94 | - | ||
| 74 | + | (d) Take actions deemed to be reasonable to ensure that no ineligible, unqualified, disqualified, or unsuitable persons are associated with controlled gambling activities. | |
| 95 | 75 | ||
| 96 | - | SEC. 2. Section 19854 of the Business and Professions Code is repealed. | |
| 76 | + | (e) Take actions deemed to be reasonable to ensure that gambling activities take place only in suitable locations. | |
| 77 | + | ||
| 78 | + | (f) Grant temporary licenses, permits, or approvals on appropriate terms and conditions. | |
| 79 | + | ||
| 80 | + | (g) Institute a civil action in any superior court against any person subject to this chapter to restrain a violation of this chapter. An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person by the Attorney General or any district attorney or city attorney. | |
| 81 | + | ||
| 82 | + | (h) Issue subpoenas to compel attendance of witnesses and production of documents and other material things at a meeting or hearing of the commission or its committees, including advisory committees. | |
| 83 | + | ||
| 84 | + | SEC. 2. Section 19824.2 is added to the Business and Professions Code, to read:19824.2. (a) The commission shall develop criteria to aid in the determination of whether a crime is substantially related to the qualifications, functions, or duties of a licensee for purposes of considering the denial, suspension, or revocation of a license. The criteria shall include all of the following:(1) The nature and gravity of the offense.(2) The number of years elapsed since the date of the offense.(3) The nature and duties of a licensee.(b) The commission shall post on its internet website a summary of the criteria used to consider whether a crime is considered to be substantially related to the qualifications, functions, or duties of a licensee.(c) The commission shall develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license. The commission shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee.(d) The commission shall not deny, suspend, or revoke a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant or licensee pursuant to any process established in this chapter or regulations of the commission and as directed by subdivision (c). | |
| 85 | + | ||
| 86 | + | SEC. 2. Section 19824.2 is added to the Business and Professions Code, to read: | |
| 97 | 87 | ||
| 98 | 88 | ### SEC. 2. | |
| 99 | 89 | ||
| 100 | - | 19854.(a)Every key employee shall apply for and obtain a key employee license.(b)No person may be issued a key employee license unless the person would qualify for a state gambling license.(c)(1)Except as provided in paragraph (2), a key employee license shall entitle the holder to work as a key employee in any key employee position at any gambling establishment, provided that the key employee terminates employment with one gambling establishment before commencing work for another.(2)Notwithstanding paragraph (1), a key employee with a valid personal portable license may work as a key employee in any key employee position in more than one gambling establishment.(d)The commission shall establish a program for portable personal licenses for key employees, as well as a process by which valid key employee licenses then in effect shall be converted to personal portable licenses. The commission may, as part of that process, establish a fee to be paid by a key employee when seeking a personal portable license. The commission shall seek to implement the requirements imposed by this subdivision on or before July 1, 2008. | |
| 90 | + | 19824.2. (a) The commission shall develop criteria to aid in the determination of whether a crime is substantially related to the qualifications, functions, or duties of a licensee for purposes of considering the denial, suspension, or revocation of a license. The criteria shall include all of the following:(1) The nature and gravity of the offense.(2) The number of years elapsed since the date of the offense.(3) The nature and duties of a licensee.(b) The commission shall post on its internet website a summary of the criteria used to consider whether a crime is considered to be substantially related to the qualifications, functions, or duties of a licensee.(c) The commission shall develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license. The commission shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee.(d) The commission shall not deny, suspend, or revoke a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant or licensee pursuant to any process established in this chapter or regulations of the commission and as directed by subdivision (c). | |
| 91 | + | ||
| 92 | + | 19824.2. (a) The commission shall develop criteria to aid in the determination of whether a crime is substantially related to the qualifications, functions, or duties of a licensee for purposes of considering the denial, suspension, or revocation of a license. The criteria shall include all of the following:(1) The nature and gravity of the offense.(2) The number of years elapsed since the date of the offense.(3) The nature and duties of a licensee.(b) The commission shall post on its internet website a summary of the criteria used to consider whether a crime is considered to be substantially related to the qualifications, functions, or duties of a licensee.(c) The commission shall develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license. The commission shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee.(d) The commission shall not deny, suspend, or revoke a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant or licensee pursuant to any process established in this chapter or regulations of the commission and as directed by subdivision (c). | |
| 93 | + | ||
| 94 | + | 19824.2. (a) The commission shall develop criteria to aid in the determination of whether a crime is substantially related to the qualifications, functions, or duties of a licensee for purposes of considering the denial, suspension, or revocation of a license. The criteria shall include all of the following:(1) The nature and gravity of the offense.(2) The number of years elapsed since the date of the offense.(3) The nature and duties of a licensee.(b) The commission shall post on its internet website a summary of the criteria used to consider whether a crime is considered to be substantially related to the qualifications, functions, or duties of a licensee.(c) The commission shall develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license. The commission shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee.(d) The commission shall not deny, suspend, or revoke a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant or licensee pursuant to any process established in this chapter or regulations of the commission and as directed by subdivision (c). | |
| 101 | 95 | ||
| 102 | 96 | ||
| 103 | 97 | ||
| 104 | - | (a)Every key employee shall apply for and obtain a key employee license. | |
| 98 | + | 19824.2. (a) The commission shall develop criteria to aid in the determination of whether a crime is substantially related to the qualifications, functions, or duties of a licensee for purposes of considering the denial, suspension, or revocation of a license. The criteria shall include all of the following: | |
| 99 | + | ||
| 100 | + | (1) The nature and gravity of the offense. | |
| 101 | + | ||
| 102 | + | (2) The number of years elapsed since the date of the offense. | |
| 103 | + | ||
| 104 | + | (3) The nature and duties of a licensee. | |
| 105 | + | ||
| 106 | + | (b) The commission shall post on its internet website a summary of the criteria used to consider whether a crime is considered to be substantially related to the qualifications, functions, or duties of a licensee. | |
| 107 | + | ||
| 108 | + | (c) The commission shall develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license. The commission shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee. | |
| 109 | + | ||
| 110 | + | (d) The commission shall not deny, suspend, or revoke a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant or licensee pursuant to any process established in this chapter or regulations of the commission and as directed by subdivision (c). | |
| 111 | + | ||
| 112 | + | SEC. 3. Section 19859 of the Business and Professions Code is amended to read:19859. The commission shall deny a license to any applicant who is disqualified for any of the following reasons:(a) Failure of the applicant to clearly establish eligibility and qualification in accordance with this chapter.(b) Failure (1) Except as provided in paragraph (2), failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the chief, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria.(c)(1)Except as provided in paragraph (2), conviction of a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in California.(2) The commission shall not deny a license based solely on an applicants failure to disclose a fact that would not have been cause for denial of the license had it been disclosed.(c) (1) Except as provided in paragraphs (2) and (3), conviction of a crime within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee, regardless of whether the applicant was incarcerated for that crime, or a crime that is substantially related to the qualifications, functions, or duties of a licensee and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application. However, the preceding seven-year limitation shall not apply in either of the following situations:(A) The applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code.(B) The applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the fiduciary qualifications, functions, or duties of a licensee, pursuant to regulations adopted by the commission.(2) A conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny a license pursuant to this section.(d)Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the commission under Section 19856 or affect the applicants burden under Section 19857.(3) The commission shall not deny a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant as directed by Section 19824.2.(d) The applicant has been subjected to formal discipline by a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the commission and that is substantially related to the qualifications, functions, or duties of a licensee. However, prior disciplinary action by a licensing board within the preceding seven years shall not be the basis for denial of a license if the basis for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code or a comparable dismissal or expungement.(e) Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(f) Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; gambling, official corruption related to gambling activities; activities, or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(g) The applicant is less than 21 years of age, except as provided by this chapter. | |
| 113 | + | ||
| 114 | + | SEC. 3. Section 19859 of the Business and Professions Code is amended to read: | |
| 115 | + | ||
| 116 | + | ### SEC. 3. | |
| 117 | + | ||
| 118 | + | 19859. The commission shall deny a license to any applicant who is disqualified for any of the following reasons:(a) Failure of the applicant to clearly establish eligibility and qualification in accordance with this chapter.(b) Failure (1) Except as provided in paragraph (2), failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the chief, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria.(c)(1)Except as provided in paragraph (2), conviction of a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in California.(2) The commission shall not deny a license based solely on an applicants failure to disclose a fact that would not have been cause for denial of the license had it been disclosed.(c) (1) Except as provided in paragraphs (2) and (3), conviction of a crime within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee, regardless of whether the applicant was incarcerated for that crime, or a crime that is substantially related to the qualifications, functions, or duties of a licensee and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application. However, the preceding seven-year limitation shall not apply in either of the following situations:(A) The applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code.(B) The applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the fiduciary qualifications, functions, or duties of a licensee, pursuant to regulations adopted by the commission.(2) A conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny a license pursuant to this section.(d)Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the commission under Section 19856 or affect the applicants burden under Section 19857.(3) The commission shall not deny a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant as directed by Section 19824.2.(d) The applicant has been subjected to formal discipline by a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the commission and that is substantially related to the qualifications, functions, or duties of a licensee. However, prior disciplinary action by a licensing board within the preceding seven years shall not be the basis for denial of a license if the basis for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code or a comparable dismissal or expungement.(e) Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(f) Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; gambling, official corruption related to gambling activities; activities, or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(g) The applicant is less than 21 years of age, except as provided by this chapter. | |
| 119 | + | ||
| 120 | + | 19859. The commission shall deny a license to any applicant who is disqualified for any of the following reasons:(a) Failure of the applicant to clearly establish eligibility and qualification in accordance with this chapter.(b) Failure (1) Except as provided in paragraph (2), failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the chief, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria.(c)(1)Except as provided in paragraph (2), conviction of a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in California.(2) The commission shall not deny a license based solely on an applicants failure to disclose a fact that would not have been cause for denial of the license had it been disclosed.(c) (1) Except as provided in paragraphs (2) and (3), conviction of a crime within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee, regardless of whether the applicant was incarcerated for that crime, or a crime that is substantially related to the qualifications, functions, or duties of a licensee and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application. However, the preceding seven-year limitation shall not apply in either of the following situations:(A) The applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code.(B) The applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the fiduciary qualifications, functions, or duties of a licensee, pursuant to regulations adopted by the commission.(2) A conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny a license pursuant to this section.(d)Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the commission under Section 19856 or affect the applicants burden under Section 19857.(3) The commission shall not deny a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant as directed by Section 19824.2.(d) The applicant has been subjected to formal discipline by a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the commission and that is substantially related to the qualifications, functions, or duties of a licensee. However, prior disciplinary action by a licensing board within the preceding seven years shall not be the basis for denial of a license if the basis for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code or a comparable dismissal or expungement.(e) Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(f) Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; gambling, official corruption related to gambling activities; activities, or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(g) The applicant is less than 21 years of age, except as provided by this chapter. | |
| 121 | + | ||
| 122 | + | 19859. The commission shall deny a license to any applicant who is disqualified for any of the following reasons:(a) Failure of the applicant to clearly establish eligibility and qualification in accordance with this chapter.(b) Failure (1) Except as provided in paragraph (2), failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the chief, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria.(c)(1)Except as provided in paragraph (2), conviction of a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in California.(2) The commission shall not deny a license based solely on an applicants failure to disclose a fact that would not have been cause for denial of the license had it been disclosed.(c) (1) Except as provided in paragraphs (2) and (3), conviction of a crime within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee, regardless of whether the applicant was incarcerated for that crime, or a crime that is substantially related to the qualifications, functions, or duties of a licensee and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application. However, the preceding seven-year limitation shall not apply in either of the following situations:(A) The applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code.(B) The applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the fiduciary qualifications, functions, or duties of a licensee, pursuant to regulations adopted by the commission.(2) A conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny a license pursuant to this section.(d)Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the commission under Section 19856 or affect the applicants burden under Section 19857.(3) The commission shall not deny a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant as directed by Section 19824.2.(d) The applicant has been subjected to formal discipline by a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the commission and that is substantially related to the qualifications, functions, or duties of a licensee. However, prior disciplinary action by a licensing board within the preceding seven years shall not be the basis for denial of a license if the basis for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code or a comparable dismissal or expungement.(e) Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(f) Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; gambling, official corruption related to gambling activities; activities, or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.(g) The applicant is less than 21 years of age, except as provided by this chapter. | |
| 105 | 123 | ||
| 106 | 124 | ||
| 107 | 125 | ||
| 108 | - | (b)No person may be issued a key employee license unless the person would qualify for a state gambling license. | |
| 109 | - | ||
| 110 | - | ||
| 111 | - | ||
| 112 | - | (c)(1)Except as provided in paragraph (2), a key employee license shall entitle the holder to work as a key employee in any key employee position at any gambling establishment, provided that the key employee terminates employment with one gambling establishment before commencing work for another. | |
| 113 | - | ||
| 114 | - | ||
| 115 | - | ||
| 116 | - | (2)Notwithstanding paragraph (1), a key employee with a valid personal portable license may work as a key employee in any key employee position in more than one gambling establishment. | |
| 117 | - | ||
| 118 | - | ||
| 119 | - | ||
| 120 | - | (d)The commission shall establish a program for portable personal licenses for key employees, as well as a process by which valid key employee licenses then in effect shall be converted to personal portable licenses. The commission may, as part of that process, establish a fee to be paid by a key employee when seeking a personal portable license. The commission shall seek to implement the requirements imposed by this subdivision on or before July 1, 2008. | |
| 121 | - | ||
| 122 | - | ||
| 123 | - | ||
| 124 | - | SEC. 3. Section 19854 is added to the Business and Professions Code, to read:19854. (a) A key employee shall apply for and obtain a key employee license.(b) A person shall not be issued a key employee license unless the person would qualify for a state gambling license. | |
| 125 | - | ||
| 126 | - | SEC. 3. Section 19854 is added to the Business and Professions Code, to read: | |
| 127 | - | ||
| 128 | - | ### SEC. 3. | |
| 129 | - | ||
| 130 | - | 19854. (a) A key employee shall apply for and obtain a key employee license.(b) A person shall not be issued a key employee license unless the person would qualify for a state gambling license. | |
| 131 | - | ||
| 132 | - | 19854. (a) A key employee shall apply for and obtain a key employee license.(b) A person shall not be issued a key employee license unless the person would qualify for a state gambling license. | |
| 133 | - | ||
| 134 | - | 19854. (a) A key employee shall apply for and obtain a key employee license.(b) A person shall not be issued a key employee license unless the person would qualify for a state gambling license. | |
| 135 | - | ||
| 136 | - | ||
| 137 | - | ||
| 138 | - | 19854. (a) A key employee shall apply for and obtain a key employee license. | |
| 139 | - | ||
| 140 | - | (b) A person shall not be issued a key employee license unless the person would qualify for a state gambling license. | |
| 141 | - | ||
| 142 | - | SEC. 4. Section 19876 of the Business and Professions Code is amended to read:19876. (a) Subject to the power of the commission to deny, revoke, suspend, condition, or limit any a license, as provided in this chapter, a license shall be renewed biennially. issued for the following terms:(1) A license shall initially be valid for a period of two years from the date of issuance.(2) Upon each renewal of a key employee license, as described in Section 19854, the license shall be valid for a period of three years from the date of the renewal.(3) Upon each renewal of a license other than a key employee license, the license shall be valid for a period of two years from the date of the renewal.(b) An application for renewal of a gambling license shall be filed by the owner licensee or key employee with the department no later than 120 calendar days prior to the expiration of the current license. The commission shall act upon any an application for renewal prior to the date of expiration of the current license. Upon renewal of any an owner license, the commission shall issue an appropriate renewal certificate or validating device or sticker.(c) Notwithstanding the provisions of subdivision (b), if an owner licensee has submitted an application for renewal prior to the original expiration date of the current license and the commission is unable to act on the application prior to the expiration date, the commission may extend the current license for up to 180 days.(d) Unless the commission determines otherwise, renewal of an owners gambling license shall be deemed to effectuate the renewal of every other gambling license endorsed thereon.(e) In addition to the penalties provided by law, any an owner licensee who deals, operates, carries on, conducts, maintains, or exposes for play any a gambling game after the expiration date of the gambling license is liable to the state for all license fees and penalties that would have been due upon renewal.(f) If an owner licensee fails to renew the gambling license as provided in this chapter, the commission may order the immediate closure of the premises and a cessation of all gambling activity therein within the premises until the license is renewed.(g) If an owner licensee submits an application for renewal of the gambling license after the deadline set in subdivision (b) but before the original expiration date of the license, the commission may assess reasonable delinquency fees not to exceed three times the usual application fee. | |
| 143 | - | ||
| 144 | - | SEC. 4. Section 19876 of the Business and Professions Code is amended to read: | |
| 145 | - | ||
| 146 | - | ### SEC. 4. | |
| 147 | - | ||
| 148 | - | 19876. (a) Subject to the power of the commission to deny, revoke, suspend, condition, or limit any a license, as provided in this chapter, a license shall be renewed biennially. issued for the following terms:(1) A license shall initially be valid for a period of two years from the date of issuance.(2) Upon each renewal of a key employee license, as described in Section 19854, the license shall be valid for a period of three years from the date of the renewal.(3) Upon each renewal of a license other than a key employee license, the license shall be valid for a period of two years from the date of the renewal.(b) An application for renewal of a gambling license shall be filed by the owner licensee or key employee with the department no later than 120 calendar days prior to the expiration of the current license. The commission shall act upon any an application for renewal prior to the date of expiration of the current license. Upon renewal of any an owner license, the commission shall issue an appropriate renewal certificate or validating device or sticker.(c) Notwithstanding the provisions of subdivision (b), if an owner licensee has submitted an application for renewal prior to the original expiration date of the current license and the commission is unable to act on the application prior to the expiration date, the commission may extend the current license for up to 180 days.(d) Unless the commission determines otherwise, renewal of an owners gambling license shall be deemed to effectuate the renewal of every other gambling license endorsed thereon.(e) In addition to the penalties provided by law, any an owner licensee who deals, operates, carries on, conducts, maintains, or exposes for play any a gambling game after the expiration date of the gambling license is liable to the state for all license fees and penalties that would have been due upon renewal.(f) If an owner licensee fails to renew the gambling license as provided in this chapter, the commission may order the immediate closure of the premises and a cessation of all gambling activity therein within the premises until the license is renewed.(g) If an owner licensee submits an application for renewal of the gambling license after the deadline set in subdivision (b) but before the original expiration date of the license, the commission may assess reasonable delinquency fees not to exceed three times the usual application fee. | |
| 149 | - | ||
| 150 | - | 19876. (a) Subject to the power of the commission to deny, revoke, suspend, condition, or limit any a license, as provided in this chapter, a license shall be renewed biennially. issued for the following terms:(1) A license shall initially be valid for a period of two years from the date of issuance.(2) Upon each renewal of a key employee license, as described in Section 19854, the license shall be valid for a period of three years from the date of the renewal.(3) Upon each renewal of a license other than a key employee license, the license shall be valid for a period of two years from the date of the renewal.(b) An application for renewal of a gambling license shall be filed by the owner licensee or key employee with the department no later than 120 calendar days prior to the expiration of the current license. The commission shall act upon any an application for renewal prior to the date of expiration of the current license. Upon renewal of any an owner license, the commission shall issue an appropriate renewal certificate or validating device or sticker.(c) Notwithstanding the provisions of subdivision (b), if an owner licensee has submitted an application for renewal prior to the original expiration date of the current license and the commission is unable to act on the application prior to the expiration date, the commission may extend the current license for up to 180 days.(d) Unless the commission determines otherwise, renewal of an owners gambling license shall be deemed to effectuate the renewal of every other gambling license endorsed thereon.(e) In addition to the penalties provided by law, any an owner licensee who deals, operates, carries on, conducts, maintains, or exposes for play any a gambling game after the expiration date of the gambling license is liable to the state for all license fees and penalties that would have been due upon renewal.(f) If an owner licensee fails to renew the gambling license as provided in this chapter, the commission may order the immediate closure of the premises and a cessation of all gambling activity therein within the premises until the license is renewed.(g) If an owner licensee submits an application for renewal of the gambling license after the deadline set in subdivision (b) but before the original expiration date of the license, the commission may assess reasonable delinquency fees not to exceed three times the usual application fee. | |
| 151 | - | ||
| 152 | - | 19876. (a) Subject to the power of the commission to deny, revoke, suspend, condition, or limit any a license, as provided in this chapter, a license shall be renewed biennially. issued for the following terms:(1) A license shall initially be valid for a period of two years from the date of issuance.(2) Upon each renewal of a key employee license, as described in Section 19854, the license shall be valid for a period of three years from the date of the renewal.(3) Upon each renewal of a license other than a key employee license, the license shall be valid for a period of two years from the date of the renewal.(b) An application for renewal of a gambling license shall be filed by the owner licensee or key employee with the department no later than 120 calendar days prior to the expiration of the current license. The commission shall act upon any an application for renewal prior to the date of expiration of the current license. Upon renewal of any an owner license, the commission shall issue an appropriate renewal certificate or validating device or sticker.(c) Notwithstanding the provisions of subdivision (b), if an owner licensee has submitted an application for renewal prior to the original expiration date of the current license and the commission is unable to act on the application prior to the expiration date, the commission may extend the current license for up to 180 days.(d) Unless the commission determines otherwise, renewal of an owners gambling license shall be deemed to effectuate the renewal of every other gambling license endorsed thereon.(e) In addition to the penalties provided by law, any an owner licensee who deals, operates, carries on, conducts, maintains, or exposes for play any a gambling game after the expiration date of the gambling license is liable to the state for all license fees and penalties that would have been due upon renewal.(f) If an owner licensee fails to renew the gambling license as provided in this chapter, the commission may order the immediate closure of the premises and a cessation of all gambling activity therein within the premises until the license is renewed.(g) If an owner licensee submits an application for renewal of the gambling license after the deadline set in subdivision (b) but before the original expiration date of the license, the commission may assess reasonable delinquency fees not to exceed three times the usual application fee. | |
| 153 | - | ||
| 154 | - | ||
| 155 | - | ||
| 156 | - | 19876. (a) Subject to the power of the commission to deny, revoke, suspend, condition, or limit any a license, as provided in this chapter, a license shall be renewed biennially. issued for the following terms: | |
| 157 | - | ||
| 158 | - | (1) A license shall initially be valid for a period of two years from the date of issuance. | |
| 159 | - | ||
| 160 | - | (2) Upon each renewal of a key employee license, as described in Section 19854, the license shall be valid for a period of three years from the date of the renewal. | |
| 161 | - | ||
| 162 | - | (3) Upon each renewal of a license other than a key employee license, the license shall be valid for a period of two years from the date of the renewal. | |
| 163 | - | ||
| 164 | - | (b) An application for renewal of a gambling license shall be filed by the owner licensee or key employee with the department no later than 120 calendar days prior to the expiration of the current license. The commission shall act upon any an application for renewal prior to the date of expiration of the current license. Upon renewal of any an owner license, the commission shall issue an appropriate renewal certificate or validating device or sticker. | |
| 165 | - | ||
| 166 | - | (c) Notwithstanding the provisions of subdivision (b), if an owner licensee has submitted an application for renewal prior to the original expiration date of the current license and the commission is unable to act on the application prior to the expiration date, the commission may extend the current license for up to 180 days. | |
| 167 | - | ||
| 168 | - | (d) Unless the commission determines otherwise, renewal of an owners gambling license shall be deemed to effectuate the renewal of every other gambling license endorsed thereon. | |
| 169 | - | ||
| 170 | - | (e) In addition to the penalties provided by law, any an owner licensee who deals, operates, carries on, conducts, maintains, or exposes for play any a gambling game after the expiration date of the gambling license is liable to the state for all license fees and penalties that would have been due upon renewal. | |
| 171 | - | ||
| 172 | - | (f) If an owner licensee fails to renew the gambling license as provided in this chapter, the commission may order the immediate closure of the premises and a cessation of all gambling activity therein within the premises until the license is renewed. | |
| 173 | - | ||
| 174 | - | (g) If an owner licensee submits an application for renewal of the gambling license after the deadline set in subdivision (b) but before the original expiration date of the license, the commission may assess reasonable delinquency fees not to exceed three times the usual application fee. | |
| 175 | - | ||
| 176 | - | ||
| 177 | - | ||
| 178 | - | ||
| 179 | - | ||
| 180 | - | The commission shall have all powers necessary and proper to enable it fully and effectually to carry out the policies and purposes of this chapter, including, without limitation, the power to do all of the following: | |
| 181 | - | ||
| 182 | - | ||
| 183 | - | ||
| 184 | - | (a)Require any person to apply for a license, permit, registration, or approval as specified in this chapter, or regulations adopted pursuant to this chapter. | |
| 185 | - | ||
| 186 | - | ||
| 187 | - | ||
| 188 | - | (b)Subject to Section 19824.2, for any cause deemed reasonable by the commission, deny any application for a license, permit, or approval provided for in this chapter or regulations adopted pursuant to this chapter, limit, condition, or restrict any license, permit, or approval, or impose any fine upon any person licensed or approved. The commission may condition, restrict, discipline, or take action against the license of an individual owner endorsed on the license certificate of the gambling enterprise whether or not the commission takes action against the license of the gambling enterprise. | |
| 189 | - | ||
| 190 | - | ||
| 191 | - | ||
| 192 | - | (c)Approve or disapprove transactions, events, and processes as provided in this chapter. | |
| 193 | - | ||
| 194 | - | ||
| 195 | - | ||
| 196 | - | (d)Take actions deemed to be reasonable to ensure that no ineligible, unqualified, disqualified, or unsuitable persons are associated with controlled gambling activities. | |
| 197 | - | ||
| 198 | - | ||
| 199 | - | ||
| 200 | - | (e)Take actions deemed to be reasonable to ensure that gambling activities take place only in suitable locations. | |
| 201 | - | ||
| 202 | - | ||
| 203 | - | ||
| 204 | - | (f)Grant temporary licenses, permits, or approvals on appropriate terms and conditions. | |
| 205 | - | ||
| 206 | - | ||
| 207 | - | ||
| 208 | - | (g)Institute a civil action in any superior court against any person subject to this chapter to restrain a violation of this chapter. An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person by the Attorney General or any district attorney or city attorney. | |
| 209 | - | ||
| 210 | - | ||
| 211 | - | ||
| 212 | - | (h)Issue subpoenas to compel attendance of witnesses and production of documents and other material things at a meeting or hearing of the commission or its committees, including advisory committees. | |
| 213 | - | ||
| 214 | - | ||
| 215 | - | ||
| 216 | - | ||
| 217 | - | ||
| 218 | - | ||
| 219 | - | ||
| 220 | - | (a)The commission shall develop criteria to aid in the determination of whether a crime is substantially related to the qualifications, functions, or duties of a licensee for purposes of considering the denial, suspension, or revocation of a license. The criteria shall include all of the following: | |
| 221 | - | ||
| 222 | - | ||
| 223 | - | ||
| 224 | - | (1)The nature and gravity of the offense. | |
| 225 | - | ||
| 226 | - | ||
| 227 | - | ||
| 228 | - | (2)The number of years elapsed since the date of the offense. | |
| 229 | - | ||
| 230 | - | ||
| 231 | - | ||
| 232 | - | (3)The nature and duties of a licensee. | |
| 233 | - | ||
| 234 | - | ||
| 235 | - | ||
| 236 | - | (b)The commission shall post on its internet website a summary of the criteria used to consider whether a crime is considered to be substantially related to the qualifications, functions, or duties of a licensee. | |
| 237 | - | ||
| 238 | - | ||
| 239 | - | ||
| 240 | - | (c)The commission shall develop criteria to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license. The commission shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee. | |
| 241 | - | ||
| 242 | - | ||
| 243 | - | ||
| 244 | - | (d)The commission shall not deny, suspend, or revoke a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant or licensee pursuant to any process established in this chapter or regulations of the commission and as directed by subdivision (c). | |
| 245 | - | ||
| 246 | - | ||
| 247 | - | ||
| 248 | - | ||
| 249 | - | ||
| 250 | - | ||
| 251 | - | ||
| 252 | - | The commission shall deny a license to any applicant who is disqualified for any of the following reasons: | |
| 253 | - | ||
| 254 | - | ||
| 126 | + | 19859. The commission shall deny a license to any applicant who is disqualified for any of the following reasons: | |
| 255 | 127 | ||
| 256 | 128 | (a) Failure of the applicant to clearly establish eligibility and qualification in accordance with this chapter. | |
| 257 | 129 | ||
| 130 | + | (b) Failure (1) Except as provided in paragraph (2), failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the chief, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria. | |
| 258 | 131 | ||
| 259 | - | ||
| 260 | - | (b)(1)Except as provided in paragraph (2), failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the chief, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria. | |
| 132 | + | (c)(1)Except as provided in paragraph (2), conviction of a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in California. | |
| 261 | 133 | ||
| 262 | 134 | ||
| 263 | 135 | ||
| 264 | 136 | (2) The commission shall not deny a license based solely on an applicants failure to disclose a fact that would not have been cause for denial of the license had it been disclosed. | |
| 265 | 137 | ||
| 266 | - | ||
| 267 | - | ||
| 268 | 138 | (c) (1) Except as provided in paragraphs (2) and (3), conviction of a crime within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee, regardless of whether the applicant was incarcerated for that crime, or a crime that is substantially related to the qualifications, functions, or duties of a licensee and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application. However, the preceding seven-year limitation shall not apply in either of the following situations: | |
| 269 | - | ||
| 270 | - | ||
| 271 | 139 | ||
| 272 | 140 | (A) The applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code, or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code. | |
| 273 | 141 | ||
| 274 | - | ||
| 275 | - | ||
| 276 | 142 | (B) The applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the fiduciary qualifications, functions, or duties of a licensee, pursuant to regulations adopted by the commission. | |
| 277 | 143 | ||
| 144 | + | (2) A conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny a license pursuant to this section. | |
| 278 | 145 | ||
| 279 | - | ||
| 280 | - | (2)A conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny a license pursuant to this section. | |
| 146 | + | (d)Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the commission under Section 19856 or affect the applicants burden under Section 19857. | |
| 281 | 147 | ||
| 282 | 148 | ||
| 283 | 149 | ||
| 284 | 150 | (3) The commission shall not deny a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant as directed by Section 19824.2. | |
| 285 | 151 | ||
| 152 | + | (d) The applicant has been subjected to formal discipline by a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the commission and that is substantially related to the qualifications, functions, or duties of a licensee. However, prior disciplinary action by a licensing board within the preceding seven years shall not be the basis for denial of a license if the basis for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code or a comparable dismissal or expungement. | |
| 286 | 153 | ||
| 154 | + | (e) Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code. | |
| 287 | 155 | ||
| 288 | - | (d)The applicant has been subjected to formal discipline by a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the commission and that is substantially related to the qualifications, functions, or duties of a licensee. However, prior disciplinary action by a licensing board within the preceding seven years shall not be the basis for denial of a license if the basis for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code or a comparable dismissal or expungement. | |
| 156 | + | (f) Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; gambling, official corruption related to gambling activities; activities, or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code. | |
| 157 | + | ||
| 158 | + | (g) The applicant is less than 21 years of age, except as provided by this chapter. | |
| 159 | + | ||
| 160 | + | SEC. 4. Section 19859.2 is added to the Business and Professions Code, to read:19859.2. (a) If the commission decides to deny an application for licensure based solely or in part on the applicants conviction history, the commission shall notify the applicant in writing of all of the following:(1) The denial or disqualification of licensure.(2) Any existing procedure the commission has for the applicant to challenge the decision or to request reconsideration.(3) That the applicant has the right to appeal the commissions decision.(4) The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record pursuant to Sections 11122 to 11127, inclusive, of the Penal Code.(b) For a minimum of three years, the commission shall retain application forms and other documents submitted by an applicant, any notice provided to an applicant, all other communications received from and provided to an applicant, and criminal history reports of an applicant.(c) The commission shall retain all of the following information:(1) The number of applications received for each license.(2) The number of applicants with a criminal record who received notice of denial or disqualification of licensure.(3) The number of applicants with a criminal record who provided evidence of mitigation or rehabilitation.(4) The number of applicants with a criminal record who appealed any denial or disqualification of licensure.(5) The final disposition and demographic information, consisting of voluntarily provided information on race or gender, of any applicant described in paragraph (2), (3), or (4).(d) The commission shall annually make available to the public through the commissions internet website and through a report submitted to the appropriate policy committees of the Legislature in compliance with Section 9795 of the Government Code deidentified information collected pursuant to this section. The commission shall ensure confidentiality of the individual applicants. | |
| 161 | + | ||
| 162 | + | SEC. 4. Section 19859.2 is added to the Business and Professions Code, to read: | |
| 163 | + | ||
| 164 | + | ### SEC. 4. | |
| 165 | + | ||
| 166 | + | 19859.2. (a) If the commission decides to deny an application for licensure based solely or in part on the applicants conviction history, the commission shall notify the applicant in writing of all of the following:(1) The denial or disqualification of licensure.(2) Any existing procedure the commission has for the applicant to challenge the decision or to request reconsideration.(3) That the applicant has the right to appeal the commissions decision.(4) The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record pursuant to Sections 11122 to 11127, inclusive, of the Penal Code.(b) For a minimum of three years, the commission shall retain application forms and other documents submitted by an applicant, any notice provided to an applicant, all other communications received from and provided to an applicant, and criminal history reports of an applicant.(c) The commission shall retain all of the following information:(1) The number of applications received for each license.(2) The number of applicants with a criminal record who received notice of denial or disqualification of licensure.(3) The number of applicants with a criminal record who provided evidence of mitigation or rehabilitation.(4) The number of applicants with a criminal record who appealed any denial or disqualification of licensure.(5) The final disposition and demographic information, consisting of voluntarily provided information on race or gender, of any applicant described in paragraph (2), (3), or (4).(d) The commission shall annually make available to the public through the commissions internet website and through a report submitted to the appropriate policy committees of the Legislature in compliance with Section 9795 of the Government Code deidentified information collected pursuant to this section. The commission shall ensure confidentiality of the individual applicants. | |
| 167 | + | ||
| 168 | + | 19859.2. (a) If the commission decides to deny an application for licensure based solely or in part on the applicants conviction history, the commission shall notify the applicant in writing of all of the following:(1) The denial or disqualification of licensure.(2) Any existing procedure the commission has for the applicant to challenge the decision or to request reconsideration.(3) That the applicant has the right to appeal the commissions decision.(4) The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record pursuant to Sections 11122 to 11127, inclusive, of the Penal Code.(b) For a minimum of three years, the commission shall retain application forms and other documents submitted by an applicant, any notice provided to an applicant, all other communications received from and provided to an applicant, and criminal history reports of an applicant.(c) The commission shall retain all of the following information:(1) The number of applications received for each license.(2) The number of applicants with a criminal record who received notice of denial or disqualification of licensure.(3) The number of applicants with a criminal record who provided evidence of mitigation or rehabilitation.(4) The number of applicants with a criminal record who appealed any denial or disqualification of licensure.(5) The final disposition and demographic information, consisting of voluntarily provided information on race or gender, of any applicant described in paragraph (2), (3), or (4).(d) The commission shall annually make available to the public through the commissions internet website and through a report submitted to the appropriate policy committees of the Legislature in compliance with Section 9795 of the Government Code deidentified information collected pursuant to this section. The commission shall ensure confidentiality of the individual applicants. | |
| 169 | + | ||
| 170 | + | 19859.2. (a) If the commission decides to deny an application for licensure based solely or in part on the applicants conviction history, the commission shall notify the applicant in writing of all of the following:(1) The denial or disqualification of licensure.(2) Any existing procedure the commission has for the applicant to challenge the decision or to request reconsideration.(3) That the applicant has the right to appeal the commissions decision.(4) The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record pursuant to Sections 11122 to 11127, inclusive, of the Penal Code.(b) For a minimum of three years, the commission shall retain application forms and other documents submitted by an applicant, any notice provided to an applicant, all other communications received from and provided to an applicant, and criminal history reports of an applicant.(c) The commission shall retain all of the following information:(1) The number of applications received for each license.(2) The number of applicants with a criminal record who received notice of denial or disqualification of licensure.(3) The number of applicants with a criminal record who provided evidence of mitigation or rehabilitation.(4) The number of applicants with a criminal record who appealed any denial or disqualification of licensure.(5) The final disposition and demographic information, consisting of voluntarily provided information on race or gender, of any applicant described in paragraph (2), (3), or (4).(d) The commission shall annually make available to the public through the commissions internet website and through a report submitted to the appropriate policy committees of the Legislature in compliance with Section 9795 of the Government Code deidentified information collected pursuant to this section. The commission shall ensure confidentiality of the individual applicants. | |
| 289 | 171 | ||
| 290 | 172 | ||
| 291 | 173 | ||
| 292 | - | (e)Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code. | |
| 293 | - | ||
| 294 | - | ||
| 295 | - | ||
| 296 | - | (f)Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling, official corruption related to gambling activities, or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code. | |
| 297 | - | ||
| 298 | - | ||
| 299 | - | ||
| 300 | - | (g)The applicant is less than 21 years of age, except as provided by this chapter. | |
| 301 | - | ||
| 302 | - | ||
| 303 | - | ||
| 304 | - | ||
| 305 | - | ||
| 306 | - | ||
| 307 | - | ||
| 308 | - | (a)If the commission decides to deny an application for licensure based solely or in part on the applicants conviction history, the commission shall notify the applicant in writing of all of the following: | |
| 309 | - | ||
| 310 | - | ||
| 174 | + | 19859.2. (a) If the commission decides to deny an application for licensure based solely or in part on the applicants conviction history, the commission shall notify the applicant in writing of all of the following: | |
| 311 | 175 | ||
| 312 | 176 | (1) The denial or disqualification of licensure. | |
| 313 | 177 | ||
| 314 | - | ||
| 315 | - | ||
| 316 | 178 | (2) Any existing procedure the commission has for the applicant to challenge the decision or to request reconsideration. | |
| 317 | - | ||
| 318 | - | ||
| 319 | 179 | ||
| 320 | 180 | (3) That the applicant has the right to appeal the commissions decision. | |
| 321 | 181 | ||
| 322 | - | ||
| 323 | - | ||
| 324 | 182 | (4) The processes for the applicant to request a copy of their complete conviction history and question the accuracy or completeness of the record pursuant to Sections 11122 to 11127, inclusive, of the Penal Code. | |
| 325 | - | ||
| 326 | - | ||
| 327 | 183 | ||
| 328 | 184 | (b) For a minimum of three years, the commission shall retain application forms and other documents submitted by an applicant, any notice provided to an applicant, all other communications received from and provided to an applicant, and criminal history reports of an applicant. | |
| 329 | 185 | ||
| 330 | - | ||
| 331 | - | ||
| 332 | 186 | (c) The commission shall retain all of the following information: | |
| 333 | - | ||
| 334 | - | ||
| 335 | 187 | ||
| 336 | 188 | (1) The number of applications received for each license. | |
| 337 | 189 | ||
| 338 | - | ||
| 339 | - | ||
| 340 | 190 | (2) The number of applicants with a criminal record who received notice of denial or disqualification of licensure. | |
| 341 | - | ||
| 342 | - | ||
| 343 | 191 | ||
| 344 | 192 | (3) The number of applicants with a criminal record who provided evidence of mitigation or rehabilitation. | |
| 345 | 193 | ||
| 346 | - | ||
| 347 | - | ||
| 348 | 194 | (4) The number of applicants with a criminal record who appealed any denial or disqualification of licensure. | |
| 349 | 195 | ||
| 350 | - | ||
| 351 | - | ||
| 352 | 196 | (5) The final disposition and demographic information, consisting of voluntarily provided information on race or gender, of any applicant described in paragraph (2), (3), or (4). | |
| 353 | - | ||
| 354 | - | ||
| 355 | 197 | ||
| 356 | 198 | (d) The commission shall annually make available to the public through the commissions internet website and through a report submitted to the appropriate policy committees of the Legislature in compliance with Section 9795 of the Government Code deidentified information collected pursuant to this section. The commission shall ensure confidentiality of the individual applicants. |