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§ 12566. Disciplinary Guidelines for Cardroom Owner Type Licenses.

4 CA ADC § 12566Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 4. Business Regulations
Division 18. California Gambling Control Commission
Chapter 10. Discipline, Hearings, and Decisions
4 CCR § 12566
§ 12566. Disciplinary Guidelines for Cardroom Owner Type Licenses.
(a) If the Commission finds that a cardroom business licensee is out of compliance with any mandatory duty specified in or imposed by the Act or any Commission or Bureau regulation, or any local ordinance which directly affects the public health, safety, or welfare, which is not otherwise listed in these disciplinary guidelines, pursuant to Business and Professions Code section 19922, the penalty will be one day of suspension, stayed upon the payment of a penalty, within the guidelines of Business and Professions Code, sections 19930, subdivision (c), and 19943, subdivision (b), as follows:
(1) If the cardroom business licensee has five tables or less and has an annual gross gaming revenue up to and including $10,000, the penalty will be between $50 and $100, based upon the factors in mitigation and aggravation.
(2) If the cardroom business licensee has ten tables or less or has an annual gross gaming revenue over $10,000, up to and including $200,000, the penalty will be between $100 and $2000, based upon the factors in mitigation and aggravation.
(3) If the cardroom business licensee has an annual gross gaming revenue over $200,000, the penalty will be between $250 and $5,000, based upon the factors in mitigation and aggravation.
(b) A cardroom business licensee will be subject to a minimum discipline of suspension for one day of normal business operation and a maximum discipline of suspension for 30 days of normal business operation, which may be stayed on terms and conditions and upon a monetary penalty of twenty-five percent of the average daily gross gaming revenue, not more than $10,000, but not less than $300, if the Commission finds that the establishment has violated any of the following but has not been disciplined by the Commission for such a violation previously:
(1) Been found, by any administrative tribunal or court in a separate proceeding, to have violated or be in violation of any law involving or relating to gambling, where the penalty imposed was a monetary fine or citation,
(2) Failed to maintain adequate financing for chips in use or for player banks,
(3) Violated Business and Professions Code, section 19878 (contract with, employment of, services provided by person(s) with denied, suspended, or revoked license),
(4) Violated Business and Professions Code, section 19912 (failure to have valid work permit),
(5) Violated Business and Professions Code, section 19924 (failure to maintain security controls),
(6) Violated any law or ordinance with respect to campaign finance disclosure or contribution limitations, pursuant to Business and Professions Code, section 19982,
(7) Provided false or incomplete financial data, in violation of Sections 12312, 12313, 12315, and 12316, regarding accounting and financial reporting,
(8) Refused to allow Bureau or Commission inspection of records or information required to be maintained pursuant to Sections 12312, 12313, 12315, and 12316, regarding accounting and financial reporting,
(9) Violated California Code of Regulations, Title 11, Section 2050, subsection (a) (failure to maintain cardroom owner type licensee or key employee licensee on premises),
(10) Violated California Code of Regulations, Title 11, Section 2052 (failure to furnish information), or
(11) Violated California Code of Regulations, Title 11, Section 2070 (unsuitable gaming activities).
(c) A cardroom business licensee will be subject to a minimum discipline of suspension for five days of normal business operation and a maximum discipline of revocation, which may be stayed on terms and conditions and any monetary penalty as described in paragraph (7) of subsection (d) of Section 12554, if the Commission finds that the establishment has:
(1) Violated or is out of compliance with conditions, limitations, or orders or directives imposed by the Commission, either as part of an initial license, renewal license, or pursuant to disciplinary action,
(2) Been found, by any administrative tribunal or court in a separate proceeding, to have violated or be in violation of any law involving or relating to gambling, where the penalty imposed was the suspension or revocation of a license or privilege,
(3) Intentionally misrepresented a material fact on an application or supplemental application for licensure,
(4) Failed to maintain adequate financing for chips in use or for player banks, and has been disciplined by the Commission for such a violation previously,
(5) Failed to report to the Commission and Bureau, pursuant to Section 12369, the operation of a business organization participating in a California game when the owners or management of the establishment knew or should have known that a business organization was operating in the establishment in violation of Section 12005,
(6) Concealed or persistently did not disclose ownership, interest, or key employee status, pursuant to Business and Professions Code, sections 19850, 19851, 19853, 19854, 19855, 19883, or 19901,
(7) Violated Business and Professions Code, section 19878 (contract with, employment of, services provided by person(s) with denied, suspended, or revoked license or registration), and has been disciplined by the Commission for such a violation previously,
(8) Violated Business and Professions Code, section 19912 (failure to have valid work permit), and has been disciplined by the Commission for such a violation previously,
(9) Violated Business and Professions Code, section 19921 (failure to exclude persons under 21 from access to gambling areas), and has been disciplined by the Commission for such a violation previously, or violated Business and Professions Code, section 19941 (failure to prohibit persons under 21 from gambling, loitering, being employed in gambling areas, or using fraudulent identification to gamble, loiter, or be employed), unless the cardroom business licensee provides the defense described in Business and Professions Code, section 19941, subdivision (c), or unless the cardroom business licensee shows that the cardroom business licensee has reasonably relied on picture identification which appears to be government issued, including determining that the identification looks real, there are no obvious alterations, the photograph and description reasonably match the person, and the person reasonably looks age 21 or over.
(10) Violated Business and Professions Code, section 19924 (failure to maintain security controls), and has been disciplined by the Commission for such a violation previously,
(11) Violated Business and Professions Code, section 19942 (willful failure to report or pay license fee),
(12) Violated any law or ordinance with respect to campaign finance disclosure or contribution limitations, pursuant to Business and Professions Code, section 19982, and has been disciplined by the Commission for such a violation previously,
(13) Provided false or intentionally incomplete financial data, in violation of Sections 12312, 12313, 12315, and 12316, regarding accounting and financial reporting, and has been disciplined by the Commission for such a violation previously,
(14) Refused to allow Bureau or Commission inspection of records or information required to be maintained pursuant to Sections 12312, 12313, 12315, and 12316, regarding accounting and financial reporting, and has been disciplined by the Commission for such a violation previously,
(15) Violated California Code of Regulations, Title 11, Section 2050, subsection (a) (failure to maintain cardroom owner type licensee or key employee licensee on premises), and has been disciplined by the Commission for such a violation previously,
(16) Violated California Code of Regulations, Title 11, Section 2052 (failure to furnish information), and has been disciplined by the Commission for such a violation previously, or
(17) Violated California Code of Regulations, Title 11, Section 2070 (unsuitable gaming activities), and has been disciplined by the Commission for such a violation previously.

Credits

Note: Authority cited: Sections 19825, 19840, 19841 and 19930, Business and Professions Code. Reference: Sections 19823, 19824, 19850, 19851, 19853, 19854, 19855, 19875, 19878, 19883, 19901, 19912, 19920, 19921, 19922, 19923, 19924, 19930, 19941, 19942 and 19982, Business and Professions Code; and Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (2004), 118 Cal. App. 4th 1429, 1444-1445.
History
1. New section filed 2-8-2007; operative 3-10-2007 (Register 2007, No. 6).
2. Change without regulatory effect amending section filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
3. Change without regulatory effect amending subsections (b)(10) and (c)(13)-(14) filed 1-17-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 3).
4. Amendment of section heading and section filed 12-12-2020; operative 1-1-2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
This database is current through 3/15/24 Register 2024, No. 11.
Cal. Admin. Code tit. 4, § 12566, 4 CA ADC § 12566
End of Document