Section 12002 - General DefinitionsUnless 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.Cal. Code Regs. Tit. 4, § 12002
1. New division 18 (chapter 1), chapter 1 (articles 1-3), article 1 (sections 12000-12099 --Reserved) filed 11-19-2001 as an emergency; operative 11-19-2001 (Register 2001, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-19-2002 or emergency language will be repealed by operation of law on the following day.
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.
1. New division 18 (chapter 1), chapter 1 (articles 1-3), article 1 (sections 12000-12099 - Reserved) filed 11-19-2001 as an emergency; operative 11-19-2001 (Register 2001, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-19-2002 or emergency language will be repealed by operation of law on the following day.
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).