(a) The policies and procedures for all Tiers must meet or exceed the following standards for security: (1) Access to non-public areas of the gambling establishment that have access to the gambling establishment's currency or unsecured gambling equipment, including but not limited to cages, count rooms, vaults, and security offices, must be limited to authorized cardroom category licensees, holders of a local work permit, or employees of a registered manufacturer or distributor only in the performance of their duties, or other person(s) if escorted and observed at all times by an authorized cardroom category licensee or holder of a local work permit in person or observed through a continuous live surveillance system. For purposes of this paragraph, "unsecured gambling equipment" means any gambling equipment in a non-public area that is not stored in a locked receptacle, drawer, or compartment which is under continuous recorded video surveillance, and does not include any gambling equipment that is not subject to tampering or related to game outcomes, such as gaming tables, table felts, chip trays, and lammers. This paragraph does not limit a proposition player contract's inclusion of a provision consistent with paragraph (13) of subsection (b) of Section 12270.(2) Access to any room used for the media storage for the surveillance system, pursuant to Section 12396, must be limited to authorized cardroom category licensees and holders of a local work permit only in the performance of their duties, or other person(s) either if escorted and observed at all times by an authorized cardroom category licensee or holder of a local work permit in person, or observed or reviewed by a cardroom category licensee or holder of a local work permit using a continuous surveillance system. This paragraph does not limit a proposition player contract's inclusion of a provision consistent with paragraph (13) of subsection (b) of Section 12270.(3) For the purpose of video surveillance recordings, gambling establishments must provide adequate lighting of all public areas, entrances and exits, and for all adjoining parking areas owned, operated or otherwise controlled by the cardroom business licensee for use by its patrons.(4) Cardroom business licensees must submit an "Incident Report Form," CGCC-CH7-08 (New 08/22), which is attached in Appendix A to this Chapter, within five business days of the following incidents: (A) When the cardroom business licensee obtains evidence that a reasonably suspected violation of any of the following occurred: 1. The Act, this division, Division 3 of Title 11 of the California Code of Regulations, any statute set forth in sections 330 through 337z of the Penal Code, or any misdemeanor violation of an ordinance of the applicable city, county, or city and county that pertains to gambling;2. Section 1916- 3(b) of the Civil Code (loan-sharking);3. Section 11012 of the Health and Safety Code (distributing a controlled substance, as defined in Section 11007 of the Health and Safety Code); or4. Penal Code sections 148.10 (resisting a peace officer resulting in death or serious bodily injury to peace officer), 186.10 (money laundering), 211 (robbery), 220 (assault with intent to commit mayhem, rape, sodomy, oral copulation or other specified offense), 236.1 (human trafficking), 243.4 (sexual battery), 245 (assault with deadly weapon or force likely to produce great bodily injury), 261 (rape), 266h (pimping and pimping a minor), 266i (pandering and pandering of a minor), 286 (criminal sodomy), 287 (criminal oral copulation), 288 (lewd and lascivious acts on a child), 289 (forcible acts of sexual penetration), 347 (poisoning food or drink), 422 (criminal threats), 470 (forgery: signatures or seals), 470b (display or possession of forged driver's license or identification card), 476 (forgery: fictitious or altered bills, notes or checks), 518 (extortion), 641.3 (commercial bribery), 647(b) (prostitution), or 653.23 (supervising or otherwise aiding a prostitute).(B) Any incident involving: 1. A theft valued at an amount consistent with the dollar amount provided in subdivision (a) of Penal Code section 487, or any dollar amount if the theft is reasonably suspected to have been committed by a cardroom category licensee, local work permittee, or TPPPS category licensee;2. The death of a person;3. The on-site presence of law enforcement in response to a physical injury of a person;4. The theft of $500 or more in chips, or any dollar amount if the theft is reasonably suspected to have been committed by a cardroom category licensee, local work permittee, or TPPPS category licensee;5. The discovery of $500 or more in counterfeit currency and/or chips in a 24-hour period, or any dollar amount if the counterfeiting is reasonably suspected to have been committed by a cardroom category licensee, local work permittee, or TPPPS category licensee;6. The discovery of $500 or more in counterfeit currency and/or chips cumulatively linked to a specific individual or group of individuals over a two-week period; or7. The immediate evacuation of the gambling establishment for a reason such as a false bomb threat (Penal Code Section 148.1).(C) Any incident involving: 1. The forfeiture pursuant to subparagraph (C) of paragraph (4) of subsection (a) of Section 12463 or paragraph (5) of subsection (a) of Section 12464, of any unredeemed jackpots or prizes;2. The arrest of any associated cardroom endorsee licensee, cardroom employee type licensee, or holder of a local work permit; or3. The approval with conditions, denial, suspension, or revocation of a license, permit, or authorization to work in a gambling establishment by any city, county, or city and county regarding any associated cardroom endorsee licensee, cardroom employee type licensee, or holder of a local work permit. An incident report does not need to be filed for a denial unless that denial is for a reason that is substantially similar to either subdivision (a) or (b) of Business and Professions Code section 19857 or any subdivision of Business and Professions Code section 19859.(D) For subparagraphs (A) and (B), the cardroom business licensee need only submit an "Incident Report Form," CGCC-CH7-08, if the suspected violation or incident occurred within the gambling establishment or in any adjacent space owned, managed, controlled, rented, or utilized by the cardroom business licensee for or in connection with the gambling operation. This includes, but is not limited to, parking lots, restrooms, restaurants, and hotels. The cardroom business licensee is not required to submit an incident report for an incident that occurs in a part of the gambling establishment or adjacent space owned, managed, or rented by the cardroom business licensee if that space is solely utilized by the TPPPS business licensee under the terms of the TPPPS contract.(5) Cardroom business licensees must maintain a list of all mechanical keys or electronic card keys to the locking devices used to secure the gambling establishment, restricted areas of the gambling establishment, or any fixtures, appurtenances and equipment used in the gambling operation, the names of all cardroom employee type licensees who have been issued, possess or have access to any of those keys, and the location where un-issued keys are stored. If any coded mechanical or electronic locking devices are used, the list must include all access codes and combinations, as applicable, and the names of all cardroom employee type licensees who possess any code or combination, or who control the mechanism to open any of the locks. The cardroom business licensee may maintain a master list or separate departmental lists. Each list must be:(A) Continuously maintained while current, at a minimum, in a permanent, written form and dated as of the date created or updated;(B) Updated as changes in the information contained in the list changes;(C) Kept in a secure, locked receptacle, such as a key control box, safe, locking file drawer or similar container; and(D) Retained for a minimum of one year after the list has been updated.(b) In addition to the requirements of subsection (a), the policies and procedures for Tiers III through and including V must meet or exceed the following standards for security: (1) Except as otherwise provided, cardroom business licensees must install and maintain a minimum of at least one secure key control box for the storage and safeguarding of all un-issued gambling-related keys and access code cards associated with the gambling establishment; e.g., keys to the gambling establishment, cage, count room or other restricted areas of the gambling establishment, and any fixtures, appurtenances and equipment used in the gambling operation, including but not limited to gambling tables and drop boxes. This paragraph does not apply to an individual cardroom business licensee, who does not employ, except in unforeseeable exigencies, more than one person or any person except members of his or her immediate family. For the purposes of this paragraph, "immediate family member" means spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather.(2) All key control boxes must meet or exceed the following requirements: (A) The key control box must have a minimum of one keyed locking mechanism. A coded key lock or a mechanical or electronic combination lock is acceptable.(B) The key control box must be securely attached to a permanent structure within the gambling establishment. The hardware used to attach the box must not be visible or accessible externally.(C) All keys, stored within a key control box must be easily identifiable and individually labeled.(D) Access to a key control box must be limited to the cardroom category licensees designated by the cardroom business licensee.(3) Cardroom business licensees must maintain a key control log for each key control box maintained pursuant to paragraph (1). The key control log must document the issuance and return of all gambling-related keys used to control access by cardroom employee type licensees to restricted areas of the gambling establishment, or any fixtures, appurtenances and equipment, associated with the department or operation.(4) During any period of time, between one-half hour before or after sunset and one-half hour before or after sunrise, in which the gambling establishment is open for business or patrons are present on the premises, cardroom business licensees must have at least one uniformed security officer on duty, who must periodically patrol the exterior of the gambling establishment, including all adjoining and adjacent parking areas owned, operated or otherwise controlled by the cardroom business licensee for use by its patrons. Any security officer, whether an employee, agent or contractor of the cardroom business licensee, who is a gambling enterprise employee as defined in subdivision (m) of section 19805 of the Business and Professions Code, will be required to hold a work permit pursuant to paragraph (1) of subdivision (a) of section 19912 of the Business and Professions Code, and Chapter 2 of this division. Any contract security officer whose scope of employment is limited to performance of his or her duties exclusively outside the cardroom business licensee's gambling establishment will not be required to hold a Commission work permit.(c) In addition to the requirements of subsections (a) and (b), the policies and procedures for Tiers IV and V must meet or exceed the following standards for security: (1) Cardroom business licensees must install and maintain a backup generator that is sufficient, during power outages, to provide for the operation of lighting systems, information systems, and surveillance and recording systems for a time necessary to protect the safety and security of patrons and employees, patrons' property, and the cardroom business licensee's assets and property while gambling operations are terminated and patrons exit the premises.(2) Any gambling establishment that elects to continue gambling operations during a power outage must install and maintain a backup generator that is sufficient to provide for the full and continued operation of all lighting systems, all information systems, and all surveillance and recording systems.(d) In addition to the requirements of subsections (a), (b) and (c), the policies and procedures for Tier IV must include standards for security that require at least two uniformed security officers, as specified in paragraph (4) of subsection (b), to be on duty during all hours of operation, one of which must periodically patrol the exterior of the gambling establishment, including all adjoining and adjacent parking areas owned, operated or otherwise controlled by the cardroom business licensee for use by its patrons.(e) In addition to the requirements of subsections (a), (b), (c) and (d), the policies and procedures for Tier V must include standards for security that require at least two uniformed security officers, as specified in paragraph (4) of subsection (b), to be on duty during all hours of operation, one of which must continuously patrol the exterior of the gambling establishment, including all adjoining and adjacent parking areas owned, operated or otherwise controlled by the cardroom business licensee for use by its patrons.Cal. Code Regs. Tit. 4, § 12395
1. New section filed 4-6-2010; operative 5-6-2010 (Register 2010, No. 15).
2. 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.
3. Amendment of section and NOTE filed 7-6-2023; operative 10-1-2023 (Register 2023, No. 27). Note: Authority cited: Sections 19801(g), 19826(b), 19840, 19841, 19857 and 19924, Business and Professions Code. Reference: Sections 19841, 19857, 19922 and 19924, Business and Professions Code.
1. New section filed 4-6-2010; operative 5-6-2010 (Register 2010, No. 15).
2. 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.
3. Amendment of section and Note filed 7-6-2023; operative 10/1/2023 (Register 2023, No. 27).