Cal. Code Regs. tit. 4 § 12300

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 12300 - Definitions

(a) Except as provided in Section 12002 and in subsection (b) of this section, the definitions in Business and Professions Code section 19805 shall govern the construction of the regulations contained in this chapter:

(b) As used in this chapter only:

(1) "Antique collector" means any individual that sells, exchanges, or otherwise transfers five or fewer antique slot machines, as defined in Penal Code section 330.7, during any calendar year. For purposes of computing the number of antique slot machines transferred during any calendar year, transactions in which a registered manufacturer or distributor acts as an agent or broker on behalf of an antique collector shall not be counted or included. "Antique collector" does not include any individual who is otherwise a manufacturer or distributor within the meaning of paragraph (6) of this subsection.

(2) "Class B" refers to any manufacturer or distributor that has no place of business in the State of California and that does not transport gambling equipment to a destination within the State of California, other than transportation of gambling equipment from an out-of-state location to a tribal gaming facility in this state in compliance with the requirements of section 7.4.5 of the applicable Tribal-State Gaming Compact and the procedures established by agreement thereunder. All other manufacturers or distributors are Class A.

(3) "Essential Parts" means and includes any of the following:

(A) Game and pay table programmed media, whether in programmable read-only memory or erasable programmable read-only memory.

(B) Other electronic or magnetic storage media containing programming or data that affect the outcome of the game.

(4) "Gambling equipment" means any slot machine or device as defined in section 330b or 330.1 of the Penal Code. "Gambling Equipment" also includes (A) any essential part and (B) any inoperable slot machine or device that is substantially complete and repairable or that can be made operable with the installation of one or more essential parts. Any reference to slot machines or devices has the meaning defined in Penal Code sections 330b and 330.1.

(5) "Manufacture or distribute" and "manufacture or distribution" refer to the activities of a manufacturer or distributor specified in paragraph (6) of this subsection.

(6) "Manufacturer or Distributor" means any person that manufactures, including the assembly, production, programming, or modification of, distributes, sells, leases, inspects, tests, repairs, refurbishes, or stores gambling equipment in this state or for use in this state. Manufacturer or distributor includes, in addition to in-state manufacturers and distributors, persons performing these functions in a location outside of this state with respect to gambling equipment intended for operation in this state.

(7) "Registration" means registration with the Commission under this chapter.

Cal. Code Regs. Tit. 4, § 12300

1. New chapter 4 (sections 12300-12308) and section filed 10-7-2002 as an emergency; operative 10-7-2002 (Register 2002, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
2. Amendment filed 12-5-2002 as an emergency; operative 12-5-2002 (Register 2002, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New chapter 4 (sections 12300-12310) and section, including 12-5-2002 amendments and further amendment of section and NOTE, refiled 1-27-2003 as an emergency; operative 1-27-2003 (Register 2003, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-2003 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of HISTORY 3 (Register 2003, No. 21).
5. New chapter 4 (sections 12300-12310) and section refiled 5-22-2003 as an emergency, including further amendment of subsection (b)(5); operative 5-22-2003 (Register 2003, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-19-2003 or emergency language will be repealed by operation of law on the following day.
6. New chapter 4 (sections 12300-12310) and section refiled 9-8-2003 as an emergency); operative 9-8-2003 (Register 2003, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-6-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 9-8-2003 order, including amendment of chapter heading and section, transmitted to OAL 1-6-2004 and filed 2-20-2004 (Register 2004, No. 8).
8. Amendment of subsections (a) and (b)(1), repealer of subsections (b)(3)-(b)(4), subsection renumbering and amendment of newly designated subsection (b)(6) filed 1-25-2006; operative 2-24-2006 (Register 2006, No. 4).
9. Change without regulatory effect amending subsection (a) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
10. Change without regulatory effect amending subsection (b)(1), repealing subsection (b)(4), renumbering subsections and amending newly designated subsection (b)(5) filed 9-30-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 39).

Note: Authority cited: Sections 19823, 19824, 19840 and 19841(r), Business and Professions Code; and Section 337j, Penal Code. Reference: Section 19841(r), Business and Professions Code; and Section 337j(e)(1), Penal Code.

1. New chapter 4 (sections 12300-12308) and section filed 10-7-2002 as an emergency; operative 10-7-2002 (Register 2002, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
2. Amendment filed 12-5-2002 as an emergency; operative 12-5-2002 (Register 2002, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New chapter 4 (sections 12300-12310) and section, including 12-5-2002 amendments and further amendment of section and Note, refiled 1-27-2003 as an emergency; operative 1-27-2003 (Register 2003, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-2003 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction ofHistory 3 (Register 2003, No. 21).
5. New chapter 4 (sections 12300-12310) and section refiled 5-22-2003 as an emergency, including further amendment of subsection (b)(5); operative 5-22-2003 (Register 2003, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-19-2003 or emergency language will be repealed by operation of law on the following day.
6. New chapter 4 (sections 12300-12310) and section refiled 9-8-2003 as an emergency); operative 9-8-2003 (Register 2003, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-6-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 9-8-2003 order, including amendment of chapter heading and section, transmitted to OAL 1-6-2004 and filed 2-20-2004 (Register 2004, No. 8).
8. Amendment of subsections (a) and (b)(1), repealer of subsections (b)(3)-(b)(4), subsection renumbering and amendment of newly designated subsection (b)(6) filed 1-25-2006; operative 2-24-2006 (Register 2006, No. 4).
9. Change without regulatory effect amending subsection (a) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
10. Change without regulatory effect amending subsection (b)(1), repealing subsection (b)(4), renumbering subsections and amending newly designated subsection (b)(5) filed 9-30-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 39).