California Acts of the 2001 Legislative Session
AB 54, Chapter 941
BILL NUMBER: AB 54 CHAPTERED 10/14/01 CHAPTER 941 FILED WITH SECRETARY OF STATE OCTOBER 14, 2001 APPROVED BY GOVERNOR OCTOBER 14, 2001 PASSED THE ASSEMBLY SEPTEMBER 13, 2001 PASSED THE SENATE SEPTEMBER 10, 2001 AMENDED IN SENATE SEPTEMBER 6, 2001 AMENDED IN ASSEMBLY MARCH 13, 2001 INTRODUCED BY Assembly Member Wesson DECEMBER 4, 2000 An act to amend Section 19805 of the Business and Professions Code, to amend Sections 330.11 and 337j of the Penal Code, and to amend Section 1 of Chapter 1023 of the Statutes of 2000, relating to gambling clubsLEGISLATIVE COUNSEL'S DIGEST AB 54, Wesson. Gaming clubs.
Existing law provides that every person who deals, plays, carries on, opens, or conducts, or who plays or bets at or against any banking game is guilty of a misdemeanor. A "banking game" or a "banked game" is one in which the bank is involved in play and serves as the ultimate source and repository of funds, dwarfing that of all other participants in the game.
This bill would change the definition of "banking game" or "banked game" by no longer requiring that the bank serve as the ultimate source and repository of funds or dwarf all other participants. By changing the definition of a crime, this bill would impose a state-mandated local program.
With respect to the collection of player fees in gambling establishments, existing law provides that no fee may be calculated as a portion of wagers made or from winnings earned. Existing law provides that fees charged for all wagers be determined and collected prior to the start of play of any hand or round. Violation of these provisions is punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than $5,000, or by both that imprisonment and fine. Existing law also provides that its provisions codify the holding in Sullivan v. Fox (1987) 189 Cal.App.3d 673, as to the collection of player fees.
This bill would provide that no fee may be calculated as a fraction or percentage of wagers or winnings earned. This bill would provide that fees must be determined before the start of play, but may be collected before or after the start of play. This bill also would remove provisions concerning codification of court decisions.
This bill would further revise statements of intent.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
19805. As used in this chapter, the following definitions shall apply:
(a) "Affiliate" means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, a specified person.
(b) "Applicant" means any person who has applied for, or is about to apply for, a state gambling license, a key employee license, a registration, a finding of suitability, a work permit, a manufacturer' s or distributor's license, or an approval of any act or transaction for which the approval or authorization of the commission or division is required or permitted under this chapter.
(c) "Banking game" or "banked game" does not include a controlled game if the published rules of the game feature a player-dealer position and provide that this position must be continuously and systematically rotated amongst each of the participants during the play of the game, ensure that the player-dealer is able to win or lose only a fixed and limited wager during the play of the game, and preclude the house, another entity, a player, or an observer from maintaining or operating as a bank during the course of the game.
For purposes of this section it is not the intent of the...
