Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any temporary license issued in
accordance with this article will be cancelled or conditioned, as provided in
subsection (a) and (b), if at any time, any of the following apply:
(1) The Commission determines that it has
received reliable information that the holder of the temporary license is
ineligible under paragraphs (2) or (3) subsection (a) of Section
12124, has failed to reveal any
fact material to the holder's qualification for a temporary license, or has
supplied information to the Bureau or Commission that is untrue or misleading
as to a material fact pertaining to the criteria for issuance of a temporary
license.
(2) The applicant's
initial license application is referred by a vote of the Commission to an
evidentiary hearing, and the Commission directs the Executive Director to
cancel or condition the temporary license.
(3) The temporary license is for a temporary
TPPPS category license, and the applicant:
(A) Buys or sells chips other than to or from
the cardroom business licensee, except for exchanging with a patron one
denomination of chips for chips of another denomination.
(B) Lends money or chips to gambling
establishment patrons, except for exchanging with a patron one denomination of
chips for chips of another denomination.
(C) Makes a wager that was not specifically
authorized by the Bureau approved game rules.
(D) Provided TPPPS at a gambling
establishment without a Bureau-approved contract on and after April 30,
2004.
(4) The temporary
license is for a TPPPS owner type license or a TPPPS supervisor license and the
applicant:
(A) Knowingly permitted one or
more TPPPS category licensee to commit any act described in paragraph
(3).
(B) Knew, or failed to
implement reasonable oversight procedures that would have apprised the TPPPS
business licensee, that one or more employees was in violation of the Act or
Commission regulations, and failed or refused to take action to prevent the
recurrence of the violation(s).
(b) If any of the circumstances set forth in
subsection (a) apply, and the temporary license is a temporary employee
category license, then the license must be summarily cancelled and the
Executive Director will immediately do all of the following:
(1) Notify the temporary licensee, any owner
category licensee that the temporary license holder is currently associated
with, the local law enforcement agency, and the Bureau, in writing, of the
cancellation of the temporary license and the grounds thereof.
(2) Require the cardroom business licensee,
the TPPPS business licensee or any applicable hiring authority to terminate,
immediately, any employment of the holder covered by the cancelled temporary
license.
(3) Notify the temporary
licensee that he or she is required to surrender their badge to the Bureau not
more than ten calendar days following the date that the notice of cancellation
was mailed or a greater time as specified by the Executive Director in the
notice.
(c) If any of the
circumstances set forth in subsection (a) applies, and the temporary license is
a temporary owner category license, then the following conditions will
immediately be applied to the temporary license:
(1) The holder of the temporary license must
be barred from participation, in any way, in the conduct of the business
including attendance at any meeting or communication related to the conduct of
the business.
(2) Any proceeds
derived from the operation of the business that would otherwise be payable to
the holder of the temporary license must be held in an escrow account and not
disbursed until the license application has received Commission approval. This
paragraph does not prevent the payment of any taxes, operating expenses,
preexisting obligations, preexisting dependent support or any other
distribution of proceeds that is approved by the Commission.
(3) The Commission, in its sole discretion
and on an individual case-by-case basis, may impose any additional conditions
necessary to address particular factual situations regarding temporary
licenses.
(d) An
applicant does not have any right to an evidentiary hearing pursuant to Section
12056 for a cancelled or
conditioned temporary license.
1.
Certificate of Compliance as to 7-1-2002 order, including renumbering and
amendment of former section
12110 to section 12128, 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 subsections (b)(1)-(2) and (c)(1) filed 8-8-2008 pursuant to
section 100, title 1, California Code of
Regulations (Register 2008, No. 32).
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,
19816,
19823,
19824,
19840,
19841,
19883
and
19984,
Business and Professions Code. Reference: Sections
10,
19801,
19805(x),
19816,
19824(f),
19850,
19855,
19856,
19857,
19859,
19866,
19870,
19883,
19912(a),
19912(d)
and
19984,
Business and Professions Code.
