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§ 2081. Definitions.

11 CA ADC § 2081Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 11. Law
Division 3. Gambling Control
Chapter 1. The Bureau of Gambling Control
Article 8. Major League Sports Raffle Program
11 CCR § 2081
§ 2081. Definitions.
The following definitions shall apply when used in this article:
(a) “Affiliated person” means a natural person, who is at least 18 years of age, and is authorized by an eligible organization to perform any duties related to a registered event, including as:
(1) A fiduciary;
(2) A supervisor or manager;
(3) A manual draw supervisor;
(4) A member of the count and reconciliation team;
(5) A direct seller of raffle tickets;
(6) A member of the electronic raffle system management team; or
(7) An unpaid volunteer.
(b) “Affiliated sports team” means a team from the Major League Baseball, the National Hockey League, the National Basketball Association, the National Football League, the Women's National Basketball Association, or the Major League Soccer, or their minor league affiliate teams.
(c) “Affiliated association” means the Professional Golfers' Association of America, the Ladies Professional Golf Association, the National Association of Stock Car Auto Racing, or their affiliate associations.
(d) “Annual” or “annually” means every calendar year.
(e) “Approval” means authorization by the Bureau for certain acts by persons registered under this article.
(f) “Bureau” means the Bureau of Gambling Control in the California Department of Justice, acting as “the Department” as provided in section 320.6 of the Penal Code.
(g) “Calendar year” means the one-year period that begins on January 1 and ends on December 31.
(h) “Counterfoil” means a printed electronic record or paper ticket stub, also known as a barrel ticket, which by chance may be selected during a manual draw to determine the winner of a raffle prize and contains a draw number matching the draw number on a raffle ticket purchased by a raffle player.
(i) “Count and reconciliation team” means a group of affiliated persons designated by the eligible organization as responsible for conducting counterfoil and cash reconciliations during a registered event.
(j) “Department of Justice's Major League Sports Raffle Program” or the “Major League Sports Raffle Program” means all information, documents and other material filed with or maintained by the Bureau or the California Department of Justice, including registration applications and electronic databases, reports and any processes, procedures or other means of effectuating the requirements of Penal Code section 320.6, including these regulations.
(k) “Direct seller” means a natural person who sells raffle tickets.
(l) “Draw number” means a unique number that is recorded on every raffle ticket and matching counterfoil.
(m) “Electronic raffle system” means an apparatus that connects and consists of, but is not limited to, servers, associated network equipment, computer software, mobile devices, raffle sales unit, printers, and related equipment used by an eligible organization to sell raffle tickets or account for the sale of raffle tickets.
(n) “Eligible organization” means a private non-profit organization as defined in Penal Code section 320.6, subdivision (c) that holds a valid registration issued pursuant to section 2086 of these regulations and maintains a “current” registration status with the California Attorney General's Registry of Charitable Trusts throughout the registration period.
(o) “Eligible recipient organization” means a private, nonprofit organization that: i) receives funds generated from the sale of raffle tickets from an eligible organization as provided in Penal Code section 320.6, subdivision (d)(4)(A); ii) is itself an “eligible organization” as defined in subdivision (c) of Penal Code section 320.5; and iii) maintains a “current” registration status with the California Attorney General's Registry of Charitable Trusts from the time the registered event is registered with the Bureau through the date on which it receives funds generated from the sale of raffle tickets from the eligible organization.
(p) “Fee” means any fee established by the Bureau as authorized by Penal Code section 320.6.
(q) “Fiduciary” means a natural person designated by an eligible organization to fulfill the duties provided in section 2088 of this article.
(r) “Home game,” for an affiliated sports team, means a live sports event held in California that is designated as a home game in an official schedule distributed by the league of which the Affiliated Sports Team is a member, including the game commonly known as the “All-Star Game,” if held at a venue where an affiliated sports team plays the majority of its scheduled games; for an affiliated association, “home game” means a live sports event of the association held in California.
(s) “Independent gaming test laboratory” means a gaming test laboratory that is either:
(1) Licensed or registered to test, approve, and certify gambling equipment, systems, and software in any United States jurisdiction, and accredited by a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement or other equivalent laboratory accreditation agreement; or
(2) Operated by a gaming regulatory agency of a state of the United States of America that is qualified to make the certifications set forth herein.
(t) “Manual draw” means the method used for the selection of a raffle draw number to determine the raffle prize winner that does not utilize a random number generator, requires a person to hand-pick the winning counterfoil from a container that contains every counterfoil generated during the registered event, provides an equal chance for every counterfoil generated during the registered event to be selected during the draw, and complies with section 2097, subdivision (b) of this article.
(u) “Manual draw supervisor” means a natural person as defined in Penal Code section 320.6, subdivision (d)(3).
(v) “Person” unless otherwise indicated, means a natural person, non-profit organization, corporation, partnership, limited partnership, trust, joint venture, association, or any other business organization.
(w) “Prize” means the money paid to the raffle winner and is comprised of one-half or 50 percent of the gross receipts generated from the sale of raffle tickets at a registered event.
(x) “Raffle” means a scheme for the distribution of a prize at a registered event that meets the requirements provided in this article and Penal Code section 320.6.
(y) “Raffle draw number” means a unique number recorded on a raffle ticket and the counterfoil that by chance may be selected as the winning number during the manual draw at a registered event.
(z) “Raffle player” means an individual who purchases a raffle ticket or tickets.
(aa) “Raffle-related products and services” means those products and services supplied by a person to an eligible organization to conduct a raffle.
(ab) “Raffle sales unit” or “electronic raffle ticket sales device” means a portable device, remote hard-wired connected device, or a stand alone kiosk operated by an affiliated person to sell raffle tickets.
(ac) “Raffle ticket” means a record of entry into the raffle provided to a raffle player.
(ad) “Registered event” means a single raffle event authorized by the Bureau pursuant to these regulations.
(ae) “Registrant” means any person that has filed an application to be registered in the Major League Sports Raffle Program.
(af) “Registration application” or “registration form” means any application or form required by the Major League Sports Raffle Program.
(ag) “Unpaid volunteer” means a natural person who performs hours of service in furtherance of a registered event on behalf of an eligible organization or eligible recipient organization for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered.
(ah) “Venue” means the area where raffle tickets are authorized to be sold by this article, restricted areas where only affiliated persons assigned duties related to the registered event are permitted, and areas where equipment or records related to the registered event are used or stored.

Credits

Note: Authority cited: Sections 320.6(c), 320.6(d), 320.6(e), 320.6(h), 320.6(j), 320.6(l), 320.6(m) and 320.6(o), Penal Code. Reference: Section 320.6, Penal Code.
History
1. New section filed 4-28-2016 as an emergency; operative 4-28-2016 (Register 2016, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-25-2016 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-17-2016 as an emergency; operative 10-25-2016 (Register 2016, No. 43). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-18-2017 as an emergency; operative 1-23-2017 (Register 2017, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-24-2017 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-18-2017 order, including amendment of section, transmitted to OAL 4-17-2017 and filed 5-30-2017; amendments operative 5-30-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 22).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 11, § 2081, 11 CA ADC § 2081
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