Cal. Code Regs. Tit. 4, § 12002 - General Definitions
Unless otherwise specified, the definitions in Business and Professions Code section 19805, supplemented by the definitions found in Chapter 10 of Title 9 of Part 1 of the Penal Code (commencing with section 330), govern the construction of this division. As used in this division:
(a) "Administrative Procedure Act Hearing" or
"APA Hearing" means an evidentiary hearing which is conducted pursuant to the
requirements of Chapter 5 (commencing with section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and section 1000 et seq. of Title 1 of the
California Code of Regulations. An APA hearing includes those evidentiary
hearings which proceed pursuant to Business and Professions Code sections
19825
and
19930,
as well as under Chapter 10 of this division.
(b) "Advisor of the Commission" means all
employees of the Commission except those designated as an advocate of the
Commission.
(c) "Advocate of the
Commission" means any employee so designated pursuant to subsection (a) of
Section 12056.
(d) "Authorized player" means any natural
person associated with a particular TPPPS business license, including a
subcontractor or independent contractor, whose duties include the play in a
controlled game on behalf of the TPPPS business license. All TPPPS supervisor
licensees must be authorized players. A TPPPS worker licensee may be an
authorized player. A TPPPS owner type licensee, if a natural person, may be an
authorized player.
(e) "BCIA" means
the Bureau of Criminal Information and Analysis in the California Department of
Justice.
(f) "Bureau" means the
Bureau of Gambling Control in the California Department of Justice, acting as
"the department" as provided in section
19810
of the Business and Professions Code.
(g) "Bureau report" means the filing by the
Chief of the Bureau of his or her written reasons, as provided in Business and
Professions Code section
19868,
subdivision (b), regarding his or her recommendation of denial or approval with
restrictions or conditions, or the notification to the Commission that the
Bureau is recommending approval or will not be issuing a recommendation of
denial or approval with restrictions or conditions.
(h) "California game" means a controlled game
that features a player-dealer position, as described in Penal Code section
330.11.
(i) "Chief of the Bureau" or "Chief" means
the Chief as provided in Business and Professions Code section
19805,
subdivision (d), or his or her designee.
(j) "Cardroom business license" means a
license issued to a gambling enterprise as defined in Business and Professions
Code section
19805,
subdivision (m), or owner licensee as defined in Business and Professions Code
section
19805,
subdivision (ad), and is the license certificate held pursuant to Business and
Professions Code section
19851,
as applicable.
(k) "Cardroom
employee type license" means a key employee license or a Commission work
permit.
(l) "Cardroom endorsee
license" means a license issued to any person required to be licensed pursuant
to Business and Professions Code sections
19852
or
19853
and is the endorsement on the license certificate pursuant to Business and
Professions Code section
19851,
subdivision (b).
(m) "Cardroom
category license" means a cardroom owner type license or a cardroom employee
type license.
(n) "Cardroom owner
type license" means all cardroom business licenses and all cardroom endorsee
licenses, and has the same meaning as "gambling license" and "state gambling
license" in Business and Professions Code section
19805,
subdivision (p).
(o) "Commission"
means the California Gambling Control Commission.
(p) "Conviction" means a plea or verdict of
guilty or a plea of nolo contendere, irrespective of a subsequent order of
expungement under the provisions of Penal Code section
1203.4,
1203.4a, or
1203.45, or a
certificate of rehabilitation under the provisions of Penal Code section
4852.13. A plea
of guilty entered pursuant to Penal Code section
1000.1 does not
constitute a conviction for purposes of Business and Professions Code section
19859,
subdivisions (c) or (d) unless a judgment of guilty is entered pursuant to
Penal Code section
1000.3.
(q) "Deadly weapon" means any weapon, the
possession or concealed carrying of which is prohibited by Penal Code section
16430.
(r) "Dealer's bank" means any and all monies
a dealer has on deposit with the cardroom business licensee or is assigned from
the cage bank for chip trays.
(s)
"Designated agent" means a person appointed by an applicant, licensee, or
holder of a work permit to serve as their representative.
(t) "Drop" means any and all player
collection fees received from patrons or TPPPS business licensees by a cardroom
business licensee to play in controlled games, not including tournament fees,
jackpot collections, or payments under a TPPPS contract.
(u) "Employee category license" means a
cardroom employee type license or a TPPPS employee type license.
(v) "Employee of the Commission" means the
staff employed by the Commission including the Executive Director and all staff
under the direction of the Executive Director.
(w) "Executive Director" means the executive
officer of the Commission, as provided in Business and Professions Code section
19816
or his or her designee. If the Executive Director position is vacant, the
"Executive Director" means the officer or employee who is designated by the
Commission.
(x) "Fiscal year" means
the annual period used by a licensee for financial reporting
purposes.
(y) "Gambling Control
Act" or "Act" or "GCA" means Chapter 5 (commencing with section
19800)
of Division 8 of the Business and Professions Code.
(z) "Gaming activity" has the same meaning as
defined in Title 11, CCR, Section 2010, subsection (f).
(aa) "GCA hearing" means an evidentiary
hearing referred to in Business and Professions Code sections
19870
and
19871.
(ab) "Gross revenue" means the total of all
compensation received for participating in or conducting any controlled game,
and includes interest received in payment for credit extended by a cardroom
business licensee to a patron for purposes of gambling.
(ac) "Initial license" means the same as
provided in Business and Professions Code section
19805;
and, for the purposes of this division also includes:
(1) The following licenses:
(A) Initial cardroom business
license;
(B) Initial cardroom
endorsee license;
(C) Initial key
employee license;
(D) Initial
Commission work permit;
(E) Initial
TPPPS business license;
(F) Initial
TPPPS endorsee license;
(G) Initial
TPPPS supervisor license; or,
(H)
Initial TPPPS worker license.
(2) The following license types:
(A) Initial cardroom owner type
license;
(B) Initial cardroom
employee type license;
(C) Initial
TPPPS owner type license; or,
(D)
Initial TPPPS employee type license.
(3) The following license categories:
(A) Initial cardroom category
license;
(B) Initial TPPPS category
license;
(C) Initial owner category
license; or,
(D) Initial employee
category license.
(ad) "Interim license" means a license issued
by the Commission for some interim period which includes:
(1) An interim renewal license issued
pursuant to Section
12035; and,
(2) An interim owner category license issued
pursuant to Article 4 of Chapter 2.
(ae) "Interim renewal license" means an
interim license issued by the Commission to an applicant for renewal of a
license, work permit, or other approval involving a finding of suitability when
the applicant's application is pending consideration at an evidentiary hearing
or the licensee or holder of a work permit has a pending accusation.
(af) "Jackpot" means a gaming activity where
the prize is awarded based on specified criteria occurring in the play of a
controlled game.
(ag) "Key employee
license" means the same as provided in Business and Professions Code sections
19805,
subdivision (y).
(ah) "Licensee"
means any person who is licensed, or endorsed on a license, by the Commission
pursuant to the Act or any regulation adopted pursuant to the Act.
(ai) "Member of the Commission" means an
individual appointed to the Commission by the Governor pursuant to Business and
Professions Code sections
19811
and
19812,
and does not include an employee of the Commission.
(aj) "Owner category license" means a
cardroom owner type license or TPPPS owner type license.
(ak) "Player's bank" means any and all monies
a patron or a TPPPS business license has on deposit with the cardroom business
licensee.
(al) "Registrant" means a
person having a valid registration issued by the Commission.
(am) "Renewal license" means the same as
provided in Business and Professions Code section
19805;
and, for the purposes of this division also includes:
(1) The following licenses:
(A) Renewal cardroom business
license;
(B) Renewal cardroom
endorsee license;
(C) Renewal key
employee license;
(D) Renewal
Commission work permit;
(E) Renewal
TPPPS business license;
(F) Renewal
TPPPS endorsee license;
(G) Renewal
TPPPS supervisor license; or,
(H)
Renewal TPPPS worker license.
(2) The following license types:
(A) Renewal cardroom owner type
license;
(B) Renewal cardroom
employee type license;
(C) Renewal
TPPPS owner type license; or,
(D)
Renewal TPPPS employee type license.
(3) The following license categories:
(A) Renewal cardroom category
license;
(B) Renewal TPPPS category
license;
(C) Renewal owner category
license; or,
(D) Renewal employee
category license.
(an) "Surrender" means to voluntarily give up
all legal rights and interests in a license, permit, registration, finding of
suitability, or approval.
(ao)
"Temporary license" means a preliminary license or Commission work permit
issued to an applicant prior to action on an initial license application, with
appropriate conditions, limitations or restrictions determined on a
case-by-case basis and, for the purposes of this division also includes:
(1) The following licenses:
(A) Temporary cardroom business
license;
(B) Temporary cardroom
endorsee license;
(C) Temporary key
employee license;
(D) Temporary
Commission work permit;
(E)
Temporary TPPPS business license;
(F) Temporary TPPPS endorsee
license;
(G) Temporary TPPPS
supervisor license; or,
(H)
Temporary TPPPS worker license.
(2) The following license types:
(A) Temporary cardroom owner type
license;
(B) Temporary cardroom
employee type license;
(C)
Temporary TPPPS owner type license; or,
(D) Temporary TPPPS employee type
license.
(3) The
following license categories:
(A) Temporary
cardroom category license;
(B)
Temporary TPPPS category license;
(C) Temporary owner category license;
or,
(D) Temporary employee category
license.
(ap)
"Third-party proposition player services" or "TPPPS" means services provided to
a cardroom business licensee under any written agreement between a cardroom
business licensee and a business organization that engages the services of
employees, independent contractors, or both, and includes the play as a
participant in any California game. This also includes the services of any
supervisors or other employees to facilitate the provision of
services.
(aq) "TPPPS business
license" means a license issued to a sole proprietor, corporation, partnership,
limited liability company, or other business entity for the purpose of
providing third-party proposition player services in a gambling
establishment.
(ar) "TPPPS
contract" means a written contract, the terms of which have been reviewed and
approved by the Bureau, between a cardroom business licensee and a TPPPS
business licensee acting as an independent contractor for the provision of
third-party proposition player services in the gambling
establishment.
(as) "TPPPS employee
type license" means a TPPPS supervisor license, or a TPPPS worker
license.
(at) "TPPPS endorsee
license" includes a license issued to any of the following:
(1) Any person specified in Business and
Professions Code section
19852,
subdivisions (a) through (g) in relation to a TPPPS business
licensee;
(2) Each person who
receives, or is to receive, any percentage share of the revenue earned by the
owner from third party proposition player services;
(3) Any employee, agent, guardian, personal
representative, lender, or holder of indebtedness of the owner who, in the
judgment of the commission, has the power to exercise a significant influence
over the TPPPS owner or third-party proposition player services, and;
(4) Any TPPPS funding
source.
(au) "TPPPS
funding source" means any person, or their successor in interest, that provides
financing to any TPPPS owner type licensee, for use by a TPPPS business
licensee in which the person is not licensed including but not limited to
loans, advances, or any other thing of value including without limitation
credit and chips. TPPPS funding source does not include any federally or state
chartered lending institution or any of the following entities that in the
aggregate owns at least $100,000,000 in securities, loans, or other investment
instruments of issuers that are not affiliated with the entity:
(1) Any federally-regulated or
state-regulated bank or savings association or other federally- or
state-regulated lending institution.
(2) Any company that is organized as an
insurance company, the primary and predominant business activity of which is
the writing of insurance or the reinsuring of risks underwritten by insurance
companies, and that is subject to supervision by the Insurance Commissioner of
California, or a similar official or agency of another state.
(3) Any investment company registered under
the federal Investment Company Act of 1940 (15 U.S.C. sec.
80a-1 et seq.).
(4) Any retirement plan established and
maintained by the United States, an agency or instrumentality thereof, or by a
state, its political subdivisions, or any agency or instrumentality of a state
or its political subdivisions, for the benefit of its employees.
(5) Any employee benefit plan within the
meaning of Title I of the federal Employee Retirement Income Security Act of
1974 (29 U.S.C. sec.
1001 et seq.).
(6) Any securities dealer registered pursuant
to the federal Securities Exchange Act of 1934 (15 U.S.C. sec. 78a et
seq.).
(7) Any entity whose equity
owners each meet the criteria of this subsection.
(av) "TPPPS category license" means a TPPPS
owner type license and TPPPS employee type license.
(aw) "TPPPS owner type license" means a TPPPS
business license and a TPPPS endorsee license."
(ax) "TPPPS supervisor license" means a
license issued to any natural person employed in a supervisory capacity by a
TPPPS business licensee, or who has any supervisorial responsibilities
identified in a job duty statement or otherwise empowered to make discretionary
decisions that regulate TPPPS operations, including, without limitation, the
authority to, on behalf of the TPPPS business licensee, to authorize or approve
the distribution of currency, chips, or other wagering instruments to
authorized players engaged in the provision of third-party proposition player
services in a gambling establishment.
(ay) "TPPPS worker license" means a license
issued to any natural person employed or hired by a TPPPS business licensee,
including a subcontractor or independent contractor, whose duties include being
at a gambling establishment, but who does not have any supervisorial
responsibilities identified in a job duty statement or otherwise empowered to
make discretionary decisions that regulate TPPPS operations, including, without
limitation, the authority to, on behalf of the TPPPS business licensee, to
authorize or approve the distribution of currency, chips, or other wagering
instruments to players engaged in the provision of third-party proposition
player services in a gambling establishment.
(az) "Work permit" means the same as provided
in Business and Professions Code section
19805,
subdivision (ak), and for the purposes of this division includes the following:
(1) "Local work permit" means a work permit
issued by a city, county, or city and county, pursuant to subparagraph (A) of
paragraph (1) of subdivision (a) of Business and Professions Code section
19912.
(2) "Commission work permit" means a work
permit issued by the Commission pursuant to subparagraph (B) of paragraph (1)
of subdivision (a) of Business and Professions Code section
19912.
Notes
2. New division 18 (chapter 1), chapter 1 (articles 1-3), article 1 (sections 12000-12099 --Reserved) refiled 3-19-2002 as an emergency; operative 3-19-2002 (Register 2002, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-17-2002 or emergency language will be repealed by operation of law on the following day.
3. New division 18 (chapter 1), chapter 1 (articles 1-3), article 1 (sections 12000-12099 --Reserved) refiled 7-1-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction adding HISTORIES 2 and 3 (Register 2002, No. 50).
5. Certificate of Compliance as to 7-1-2002 order, including amendment of chapter 1 heading and repealer of article 1 heading, transmitted to OAL 10-29-2002 and filed 12-12-2002 (Register 2002, No. 50).
6. Amendment of chapter heading and new section filed 1-25-2006; operative 2-24-2006 (Register 2006, No. 4).
7. Change without regulatory effect amending subsection (a) filed 12-26-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 52).
8. Change without regulatory effect adding subsection (b), repealing subsection (f) and relettering subsections filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
9. Amendment of subsection (g) and amendment of NOTE filed 10-16-2008; operative 11-15-2008 (Register 2008, No. 42).
10. New subsection (j) filed 12-7-2010; operative 1-6-2011 (Register 2010, No. 50).
11. New article 1 heading and amendment of section and NOTE filed 11-25-2014; operative 1-1-2015 (Register 2014, No. 48).
12. New subsections (k), (l), (o), (p), (t), (u), (w) and (aa), subsection relettering and amendment of NOTE filed 2-2-2015; operative 7-1-2015 pursuant to Government Code section 11343.4(b)(2) (Register 2015, No. 6).
13. New subsections (h) and (u) and subsection relettering filed 1-22-2020; operative 4-1-2020 (Register 2020, No. 4).
14. Amendment of section and NOTE 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.
15. Amendment of subsections (g) and (aa) filed 2-8-2022; operative 4-1-2022 (Register 2022, No. 6).
16. New subsection (ab) and subsection relettering filed 9-30-2022 as an emergency; operative 9-30-2022 (Register 2022, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-29-2022 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 9-30-2022 order transmitted to OAL 10-21-2022 and filed 12-7-2022 (Register 2022, No. 49).
Note: Authority cited: Sections 19811, 19823, 19824, 19840, 19841, 19853 and 19854, Business and Professions Code. Reference: Sections 19800, 19805, 19811, 19816, 19853 and 19984, Business and Professions Code.
2. New division 18 (chapter 1), chapter 1 (articles 1-3), article 1 (sections 12000-12099 - Reserved) refiled 3-19-2002 as an emergency; operative 3-19-2002 (Register 2002, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-17-2002 or emergency language will be repealed by operation of law on the following day.
3. New division 18 (chapter 1), chapter 1 (articles 1-3), article 1 (sections 12000-12099 - Reserved) refiled 7-1-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction adding Histories 2 and 3 (Register 2002, No. 50).
5. Certificate of Compliance as to 7-1-2002 order, including amendment of chapter 1 heading and repealer of article 1 heading, transmitted to OAL 10-29-2002 and filed 12-12-2002 (Register 2002, No. 50).
6. Amendment of chapter heading and new section filed 1-25-2006; operative 2-24-2006 (Register 2006, No. 4).
7. Change without regulatory effect amending subsection (a) filed 12-26-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 52).
8. Change without regulatory effect adding subsection (b), repealing subsection (f) and relettering subsections filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
9. Amendment of subsection (g) and amendment of Note filed 10-16-2008; operative 11-15-2008 (Register 2008, No. 42).
10. New subsection (j) filed 12-7-2010; operative 1-6-2011 (Register 2010, No. 50).
11. New article 1 heading and amendment of section and Note filed 11-25-2014; operative
12. New subsections (k), (l), (o), (p), (t), (u), (w) and (aa), subsection relettering and amendment of Note filed 2-2-2015; operative 7-1-2015 pursuant to Government Code section 11343.4(b)(2) (Register 2015, No. 6).
13. New subsections (h) and (u) and subsection relettering filed 1-22-2020; operative
14. Amendment of section and Note filed 12-12-2020; operative
15. Amendment of subsections (g) and (aa) filed 2-8-2022; operative
16. New subsection (ab) and subsection relettering filed 9-30-2022 as an emergency; operative
17. Certificate of Compliance as to 9-30-2022 order transmitted to OAL 10-21-2022 and filed
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