Cal. Code Regs. Tit. 4, § 12364 - Relocation of Gambling Establishment

(a) For purposes of this section:

(1) "Neighboring jurisdiction" means any other adjoining jurisdiction whose common boundary line with the governing local jurisdiction is 1,000 feet or less from the proposed new location of the gambling establishment.

(2) "Relocation" means the physical relocation of a gambling establishment, including the buildings, grounds and parking lots, from one site consisting of one or more contiguous parcels to another site, consisting entirely of different parcels. Relocation does not include the addition of new, contiguous parcels to the current site or modification of existing buildings.

(b) A cardroom business licensee must notify the Bureau of a planned relocation of a gambling establishment at least 90 days in advance of the intended commencement of gambling operations at the new location on the form Notice of Relocation, CGCC-CH7-02 (Rev. 11/21), which is attached in Appendix A to this Chapter. A draft floor plan of the proposed gambling establishment depicting, at a minimum, the location of the main cage, the count room, the surveillance room, and the gaming area(s) must accompany the notice to the Bureau.

(1) If the new location is more than 1,000 feet from any boundary line of its governing local jurisdiction, the cardroom business licensee must submit to the Bureau all of the following information and documents, of which the information and documents specified in subparagraphs (A) through (C), inclusive, are to be submitted no later than 30 days prior to the Bureau's site visit conducted pursuant to subsection (d):

(A) A copy of the cardroom business licensee's fully executed rental or lease agreement for, or evidence of the cardroom business licensee's ownership of, the proposed new location.

(B) A copy of the cardroom business licensee's fire safety and evacuation plan for the proposed new location, prepared in compliance with Section 12370.

(C) A copy of the cardroom business licensee's security and surveillance plan for the proposed new location, prepared in compliance with Section 12372.

(D) Documentary evidence of the issuance to the cardroom business licensee of all required approvals, licenses and permits by any applicable local jurisdictional entity concerning the new location; e.g., business licenses, occupancy permits, conditional use permits, zoning variances, local gaming licenses, etc. These documents, if available, must be submitted at the same time as the documents specified in subparagraphs (A) through (C), inclusive, or, if not available, must be submitted upon availability and prior to the commencement of gambling operations.

(E) Documentary evidence of the issuance to the cardroom business licensee of all required approvals, licenses and permits, other than those specifically relating to gambling operations, by any applicable state or federal agency concerning the new location; e.g., liquor licenses, check cashing permits, etc. These documents are not required to be submitted prior to the commencement of gambling operations or the Bureau's site visit pursuant to subsection (d), but must be submitted to the Bureau prior to the commencement of the associated activity.

(2)

(A) If the new location is 1,000 feet or less from any boundary line of its governing local jurisdiction, the cardroom business licensee must, in addition to the documentation required by paragraph (1), and prior to the commencement of gambling operations, submit documentation from the appropriate agency or department in the neighboring jurisdiction confirming that the agency or department has no objection to the planned location of the gambling establishment.

(B) As an alternative to obtaining advance confirmation, the cardroom business licensee may submit to the appropriate agency or department in the neighboring jurisdiction, a copy of its Notice of Relocation concurrent with the submission to the Bureau. The cardroom business licensee must provide the Bureau with proof of submission of the notice to the neighboring jurisdiction. The copy of the notice submitted to a neighboring jurisdiction must be accompanied by a written statement from the cardroom business licensee which, at a minimum, must include the following information:

"The appropriate agency or department of [name of neighboring jurisdiction] may submit objections to the proposed relocation of [name of gambling establishment] to the Bureau of Gambling Control, at Post Office Box 168024, Sacramento, CA 95816-8024. Any objections to the proposed location must be received by the Bureau within 45 days of the date of this notice and must be based upon evidence of probable negative effects resulting from the gambling establishment's relocation or proof that the legitimate interests of residents in the neighboring jurisdiction are threatened."

(C) This paragraph does not apply to a gambling establishment that is all of the following:

1. Already located 1,000 feet or less from any boundary line;

2. After the relocation, it will continue to be within 1,000 feet of same neighboring jurisdiction;

3. Any reduction in distance is less than half of the current distance from the same boundary line; and,

4. Any distance moved parallel to the boundary line is less than half of the current distance from the same boundary line.

(c)

(1) If a cardroom business licensee does not provide documentation from a neighboring jurisdiction as provided in subparagraph (A) of paragraph (2) of subsection (b), and the Bureau receives objections to the relocation from a neighboring jurisdiction, the cardroom business licensee may not be relocated without Commission review. The Bureau must forward the relocation notice to the Commission within 10 days of receipt by the Bureau of objections from any neighboring jurisdiction for placement on a Commission agenda for consideration. The Commission will notify the objecting neighboring jurisdiction, the Bureau, and the licensee of the time and place of the Commission hearing at least 10 days prior to the hearing in order for all parties to have the opportunity to attend and be heard.

(2) If a cardroom business licensee obtains documentation from a neighboring jurisdiction as provided in paragraph (2) of subsection (b), or if the Bureau does not receive timely objections to the relocation from a neighboring jurisdiction, no Commission review will be required and the Bureau may proceed as if paragraph (2) of subsection (b) did not apply.

(d)

(1) The Bureau must schedule and conduct a site visit prior to the intended commencement of gambling operations as indicated in subsection (b). A written report of the findings of the site visit must be provided to the Commission, as well as any follow-up reports. The Bureau's site visit report must include determinations regarding compliance with, at a minimum, the following internal control requirements of Article 3 of Chapter 7:

(A) Drop and drop collection, pursuant to Section 12384;

(B) Count and count room functions, pursuant to Section 12385;

(C) Cage functions, pursuant to Section 12386;

(D) Security, pursuant to Section 12395; and,

(E) Surveillance, pursuant to Section 12396.

(2) If the Bureau notes any deficiency in compliance with laws or regulations, including, but not limited to, a deficiency in the internal controls listed in paragraph (1), it will issue a notice to the cardroom business licensee to correct the deficiency. The notice must describe each deficiency and specify a reasonable time in which the deficiency is to be corrected. The commencement of gambling operations will not be delayed unless the deficiency prevents substantial compliance with laws or regulations and materially threatens public safety or the integrity of the gambling operation, and the deficiency cannot be corrected or mitigated within a reasonable time. Failure to correct or otherwise mitigate the deficiency may be considered during the license renewal process and may result in disciplinary action under Chapter 10 of this division.

(e) No gambling operations may be conducted at any new location until the provisions of subsections (b) and, if applicable, (c), have been complied with.

(f) If any gambling operations are conducted in violation of subsection (e), the cardroom business licensee and each cardroom endorsee licensee will be subject to disciplinary action under Chapter 10 of this division. For the purposes of this subsection, each day or portion thereof, whether consecutive or not, during which any gambling operations are conducted in violation of subsection (e) will constitute a separate violation.

(g) Failure to timely provide notice to the Bureau as required by subsection (b) will constitute a ground for disciplinary action under Chapter 10 of this division.

Notes

Cal. Code Regs. Tit. 4, § 12364

1. New section filed 5-23-2013; operative 7-1-2013 (Register 2013, No. 21).
2. Amendment of subsections (b)-(b)(1), new subsection (b)(1)(C) and subsection relettering filed 8-21-2020 as an emergency; operative 8-17-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 34). A Certificate of Compliance must be transmitted to OAL by 6-18-2021 or emergency language will be repealed by operation of law on the following day.
3. Amendment 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.
4. Amendment of subsection (b) refiled 12-31-2020 as an emergency; operative 1-1-2021 pursuant to Government Code section 11346.1(d). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 1). A Certificate of Compliance must be transmitted to OAL by 8-2-2021 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (b) refiled 6-14-2021 as an emergency; operative 6-14-2021. Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 25). A Certificate of Compliance must be transmitted to OAL by 1-11-2022 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 12-12-2020 emergency amendment by operation of Government Code section 11346.1(f) (Register 2022, No. 2).
7. Amendment of subsection (b) filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35).

Note: Authority cited: Sections 19811, 19823, 19824, 19840, 19841, 19853(a)(3), 19860, 19862 and 19864, Business and Professions Code. Reference: Sections 19811, 19824, 19826, 19860, 19862 and 19868, Business and Professions Code.

1. New section filed 5-23-2013; operative 7-1-2013 (Register 2013, No. 21).
2. Amendment of subsections (b)-(b)(1), new subsection (b)(1)(C) and subsection relettering filed 8-21-2020 as an emergency; operative 8-17-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 34). A Certificate of Compliance must be transmitted to OAL by 6-18-2021 or emergency language will be repealed by operation of law on the following day.
3. Amendment 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.
4. Amendment of subsection (b) refiled 12-31-2020 as an emergency; operative 1/1/2021 pursuant to Government Code section 11346.1(d). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 1). A Certificate of Compliance must be transmitted to OAL by 8-2-2021 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (b) refiled 6-14-2021 as an emergency; operative 6/14/2021. Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 25). A Certificate of Compliance must be transmitted to OAL by 1-11-2022 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 12-12-2020 emergency amendment by operation of Government Code section 11346.1(f) (Register 2022, No. 2).
7. Amendment of subsection (b) filed 9-1-2022; operative 9/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35).