Cal. Code Regs. tit. 4 § 12368

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 12368 - Cardroom Business Licensee Annual Fee
(a) The Bureau will provide each cardroom business licensee an invoice, pursuant to Section 12006, by October 5, 2024, and each October 5 thereafter, of their annual fee, as provided in Section 12368.2.
(b) The annual fee may be paid in installments. The cardroom business licensee must submit a written request to the Bureau to make installment payments within 30 calendar days from the date the invoice was served.
(c) A request for installment payments will be considered approved, unless within 14 calendar days of the request being received, the Bureau provides notification, pursuant to Section 12006, that the request has been disapproved. The Bureau will disapprove the request if the cardroom business licensee has a history of failing to make installment payments as required or has not submitted the request pursuant to subsection (b). Installment payments must be made in the year following the request pursuant to subsection (b) as follows: one-third of the annual fee to be submitted no later than January 5, one-third no later than April 5, and the balance no later than June 30. If installment payments were not requested or a request for installment payments was disapproved, the entire amount of the annual fee must be submitted no later than January 5.
(d) The cardroom business license certificate will not be issued until the Bureau has received the annual fee or has approved the cardroom business licensee for installment payments.
(e) Any application for a renewal cardroom business license will not be approved by the Commission until any delinquent annual fees have been paid in full.
(f) No application for a TPPPS contract with a cardroom business licensee may be approved by the Bureau until any delinquent annual fees owed by that cardroom business licensee have been paid in full.
(g)
(1) Upon the first issuance of a cardroom business license, as either a temporary cardroom business license or an initial cardroom business license, whichever occurs first, the Bureau will issue an invoice, pursuant to Section 12006, in the annual fee amount required of an active licensee with a gross revenue under $1,500,000, as provided in Section 12368.2, divided by 12, multiplied by the number of whole months remaining in the current calendar year. The cardroom business licensee must submit to the Bureau the annual fee within 30 calendar days of service.
(2) For the first full calendar year of licensure, the Bureau will invoice, pursuant to Section 12006, the cardroom business licensee the unadjusted annual fee required of an active licensee with a gross revenue under $1,500,000, as provided in Section 12368.2 for the following calendar year. If the license is approved after October 5, this invoice will be issued at the same time as the invoice required in paragraph (1).
(h) If three years of gross revenue data is unavailable to calculate the 3-year average gross revenue required to determine an active cardroom business licensee's annual fee pursuant to Section 12368.2, the Commission will utilize the available gross revenue data for that purpose, as follows:
(1) If only one year of gross revenue data is available within the previous three years, that year's gross revenue will serve as the 3-year average gross revenue to determine the cardroom business licensee's annual fee pursuant to Section 12368.2.
(2) If only two years of gross revenue data are available within the previous three years, the average of those two years' gross revenue will serve as the 3-year average gross revenue to determine the cardroom business licensee's annual fee pursuant to Section 12368.2.

Cal. Code Regs. Tit. 4, § 12368

Note: Authority cited: Sections 19811(b), 19823, 19824, 19840, 19841, 19876(a), 19951 and 19955, Business and Professions Code. Reference: Sections 19841, 19876(a), 19951, 19954 and 19955, Business and Professions Code.

Note: Authority cited: Sections 19811(b), 19823, 19824, 19840, 19841, 19876(a), 19951 and 19955, Business and Professions Code. Reference: Sections 19841, 19876(a), 19951, 19954 and 19955, Business and Professions Code.

1. Renumbering of former section 12357 to new section 12368, including amendment of section heading and section, 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.
2. Repealer and new section filed 8-1-2022 as an emergency; operative 8/1/2022 (Register 2022, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-30-2023 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new section refiled with amendments 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.
4. Refiling of 9-30-2022 order on 12-23-2022 as an emergency; operative 12/30/2022 (Register 2022, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-30-2023 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-23-2022 order, including nonsubstantive amendment of subsections (c)-(d), transmitted to OAL 3-6-2023 and filed 4/14/2023 (Register 2023, No. 15).
6. Amendment of section heading and subsections (a), (c) and (g)(2) and new subsections (h)-(h)(2) filed 5-22-2024; operative 7/1/2024 (Register 2024, No. 21).