California Code of Regulations
Title 4 - Business Regulations
Division 18 - California Gambling Control Commission
Chapter 2 - Licenses and Work Permits
Article 3 - Temporary Licenses and Work Permits
Section 12126 - Temporary Owner Category License

Universal Citation: 4 CA Code of Regs 12126

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The Commission will not issue a temporary owner category license to an applicant if the Commission finds any of the following:

(1) The application in its entirety, or the results of the investigation of the application reported by the Bureau to the Commission disclosed any mandatory grounds for disqualification specified in Section 12040;

(2) The applicant has, within the 10-year period immediately preceding the submission of the application, been convicted of any of the following offenses, not including convictions which have been expunged or dismissed as provided by law:
(A) A misdemeanor involving a firearm or other deadly weapon.

(B) A misdemeanor involving gambling or gambling-related activities prohibited by Chapter 9 (commencing with section 319) and Chapter 10 (commencing with section 330) of Title 9 of Part 1 of the Penal Code.

(C) A misdemeanor involving a violation of an ordinance of any city, county, or city and county, which pertains to gambling or gambling-related activities.

(D) A misdemeanor involving violations of the Act.

(3) The applicant is disqualified under the Act, Commission regulations, or other provisions of law from holding a license or work permit; or,

(4) The applicant does not hold any required business license, permit, or other approval.

(b) The Bureau will recommend to the Commission that a temporary owner category license be granted or denied. The Bureau will, at a minimum include in its recommendation to the Commission the following information:

(1) A copy of the transactional document associated with the application;

(2) Any information from the Bureau's review related to items identified under subsection (a);

(3) A brief history of the gambling establishment or TPPPS business license to include any past and current ownership;

(4) A copy of any lease agreement;

(5) Any articles of incorporation, articles of organization, certificate of limited partnership, partnership agreement, statement of partnership authority, or operating agreement associated with the application;

(6) The Bureau's review of the transaction document associated with the application;

(7) A cursory financial review of the applicant's source of funds for any associated purchase agreement;

(8) Copies of the applicant's application and supplemental information; and,

(9) Any areas of concern of an applicant as it relates to possible violations of law or regulations associated with existing licenses to include, but not limited to, past or current accusation or other disciplinary action as well as any license conditions, restrictions, or limitations imposed by the Bureau or Commission.

1. Certificate of Compliance as to 7-1-2002 order, including renumbering of former section 12108 to section 12126, transmitted to OAL 10-29-2002 and filed 12-12-2002 (Register 2002, No. 50).
2. Change without regulatory effect amending section and NOTE filed 6-26-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 26).
3. Change without regulatory effect amending subsection (a) filed 6-3-2013 pursuant to section 100, title 1, California Code of Regulations; operative 7-1-2013 in accordance with Governor's Reorganization Plan No. 2 of 2012 (Register 2013, No. 23).
4. Repealer and new 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.

Note: Authority cited: Sections 19811, 19823, 19824, 19840, 19841, 19883 and 19984, Business and Professions Code. Reference: Sections 19811, 19823, 19824(f), 19850, 19855, 19856, 19857, 19859, 19866, 19883 and 19984, Business and Professions Code.

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