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§ 12303. Conditions of Registration.

4 CA ADC § 12303Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 4. Business Regulations
Division 18. California Gambling Control Commission
Chapter 4. Manufacturers or Distributors of Gambling Equipment
4 CCR § 12303
§ 12303. Conditions of Registration.
(a) Each manufacturer or distributor shall, as a condition of continued registration, comply with the following continuing requirements:
(1) Submit in duplicate to the Bureau, at its office in the City of Sacramento, within 30 days after the close of each calendar quarter, a report on sales and shipments of gambling equipment as follows:
(A) Except as provided in subparagraph (D) of this paragraph, for each shipment of gambling equipment received or sent out by the manufacturer or distributor from or to a location in the State of California during the preceding calendar quarter, the report shall include all of the following information:
1. The name and address of the sender.
2. The name and address of the recipient.
3. The date of shipment.
4. The bill of lading number.
5. The manufacturer of each item of gambling equipment if different from the sender.
6. The model (no.) of each item of gambling equipment.
7. The year of manufacture (if known) of each slot machine or device/essential part shipped.
8. The manufacturer's serial number, if any, of each slot machine or device/essential part.
9. The number of units of each type, manufacturer, and model (no.) of slot machine/essential part.
(B) For each sale, lease, or other transfer of gambling equipment not otherwise reportable under subparagraph (A) of this paragraph, and any transfer as an agent or broker on behalf of an antique collector, during the preceding calendar quarter by the manufacturer or distributor from or to a location within the State of California, the report shall include all of the following information:
1. The names and addresses of all parties to the sale or lease.
2. The date of the contract of sale or lease.
3. The date of shipment or delivery of the gambling equipment.
4. The name of the manufacturer of the gambling equipment if different from the seller.
5. The year of manufacture (if known) of each slot machine or device/essential part sold.
6. The manufacturer's serial number, if any, of each slot machine or device/essential part.
7. The number of units of each type, manufacturer, and model (no.) of slot machine/essential part.
(C) If a manufacturer or distributor delivers or ships gambling equipment to a purchaser or other recipient at a location in this state for subsequent transportation in interstate or foreign commerce as provided in California Penal Code section 330.8, the purchaser or other recipient shall be a registrant under this chapter. These transactions shall be reported pursuant to subparagraph (B) of this paragraph.
(D) Any shipment of gambling equipment sent by a manufacturer or distributor to a tribal gaming facility or sent by a tribal gaming facility to a manufacturer or distributor shall be reported to the Bureau pursuant to the terms of the transportation agreement required by section 7.4.5 of the applicable Tribal-State Gaming Compact. The manufacturer, model (no.), and manufacturer's serial number of the gambling equipment shipped shall be specified and the shipment shall be transported in full compliance with all of the requirements of the transportation agreement, including the following:
1. The gambling equipment shall be located in a locked compartment or sealed container within the conveyance while being transported.
2. The gambling equipment shall not be accessible for use while being transported, and,
3. No gambling equipment shall be operated except on the Tribe's lands.
(E) The report shall also include a list of all items of gambling equipment or essential parts in the possession or custody of the registrant at any location in this state (other than a shipment in transit) during the reporting period and the address of each business location of the registrant in this state at which each listed item of gambling equipment or essential part was stored or otherwise located.
(F) The report shall include a statement that it is accurate and complete within the personal knowledge of the designated representative who executes the report, and a declaration under penalty of perjury that it is true and correct, signed by the designated representative in the form specified in Code of Civil Procedure section 2015.5.
(G) The initial quarterly report required by this section shall be for the first calendar quarter of 2003 and shall be submitted and received no later than 30 days following the close of that calendar quarter.
(2) Advise the Bureau in writing of any new California business location or any termination of an existing business location, within 15 days following the change.
(3) Submit to any representative of the Bureau any additional information requested by the representative concerning the registrant's activities as a manufacturer or distributor, including copies of any records maintained or retained pursuant to Title 15, United States Code, section 1173. The information shall include a statement that the information is accurate and complete within the personal knowledge of the designated representative who executes the report, and a declaration under penalty of perjury that it is true and correct, signed by the designated representative in the form specified in Code of Civil Procedure section 2015.5.
(4) Submit to inspection and examination by the Bureau of all premises where gambling equipment is manufactured, sold, or distributed, pursuant to Business and Professions Code section 19827(a)(1)(B).
(5) Submit to audits by representatives of the Bureau, upon request, during normal business hours in order to verify the accuracy of reporting under this chapter.
(b) The Commission may deny or revoke a registration, upon any of the following grounds, after a duly noticed hearing:
(1) The manufacturer or distributor has failed or refused to comply with any requirement of this chapter.
(2) The manufacturer or distributor has violated Penal Code sections 330a, 330b, 330.1, or 330.8.
(c) This section shall become operative on August 1, 2003, and applies to reports for all quarters beginning with the report for the third quarter of 2003, which report shall contain data reflecting the new requirements for the months of July, August, and September.

Credits

Note: Authority cited: Sections 19801(h), 19823, 19824, 19827(a)(1), 19840 and 19841(r), Business and Professions Code. Reference: Sections 19841(r), 19930 and 19931, Business and Professions Code.
History
1. New section filed 5-22-2003 as an emergency; operative 8-1-2003 (Register 2003, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-19-2003 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-8-2003 as an emergency, including amendment of subsections (a)(1) and (c); operative 8-1-2003 (Register 2003, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-6-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-8-2003 order, including amendment of section and Note, transmitted to OAL 1-6-2004 and filed 2-20-2004 (Register 2004, No. 8).
4. Change without regulatory effect amending section filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
5. Change without regulatory effect amending section heading and subsections (a)(1), (a)(1)(A)3., (a)(1)(D), (a)(2)-(3) and (a)(5) filed 6-3-2013 pursuant to section 100, title 1, California Code of Regulations; operative 7-1-2013 in accordance with Governor's Reorganization Plan No. 2 of 2012 (Register 2013, No. 23).
6. Change without regulatory effect amending Note filed 1-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 2).
This database is current through 7/5/24 Register 2024, No. 27.
Cal. Admin. Code tit. 4, § 12303, 4 CA ADC § 12303
End of Document