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
(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:
(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
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.
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
4. Amendment of subsection (b) refiled 12-31-2020 as an emergency; operative
5. Amendment of subsection (b) refiled 6-14-2021 as an emergency; operative
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
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