Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A cardroom business license that was
valid as of December 31, 1999, or that was issued pursuant to an application on
file with the department prior to September 1, 2000, and that was surrendered
or expired without being renewed prior to January 6, 2011, will be eligible for
reinstatement in accordance with the following guidelines:
(1) The applicant seeking to reinstate the
license must be the last holder of the license that he or she is seeking to
reinstate.
(2) The applicant must
notify the Commission, in writing, within 30 calendar days of the effective
date of this section of the intent to apply for reinstatement of the
license.
(3) The applicant must
submit a complete application for an initial cardroom business license pursuant
to Section 12112, and all documentation
required by subsection (b) within 12 months of the effective date of this
section.
(b) The
following documentation is required of any applicant applying to reinstate a
cardroom business license under this section:
(1) A copy of the last license issued by the
state, or other documentation satisfactory to the Commission, authorizing the
applicant to operate the gambling establishment, which may include either a
provisional license or a cardroom business license. For a corporation or
partnership, the applicant must also demonstrate that it is the same entity as
was previously licensed to operate the gambling establishment.
(2) A written document addressing the
circumstances under which the previous license was surrendered, abandoned, or
allowed to expire without being renewed, as well as the applicant's prior
efforts, if any, to have the license renewed.
(3) A copy of the current applicable local
gambling ordinance.
(4) An opinion
from the chief legal officer of the local jurisdiction, dated no earlier than
the effective date of this section, certifying that the reopening of the
gambling establishment is authorized by and consistent with the local gambling
ordinance.
(5) A copy of a formal
resolution or other evidence satisfactory to the Commission, adopted by the
applicable city council, board of supervisors, or other local governing
authority, dated no earlier than the effective date of this section, which
clearly states a willingness to issue a local license to the applicant,
contingent upon issuance of a state license.
(6) A statement signed by the chief law
enforcement officer of the local jurisdiction, dated no earlier than the
effective date of this section, confirming that he or she supports the
reopening of the gambling establishment.
(7) An economic feasibility study that
demonstrates to the satisfaction of the Commission that the proposed gambling
establishment will be economically viable, and that the owners have sufficient
resources to make the gambling establishment successful and to fully comply
with all requirements of the local ordinance, the Act, applicable state
regulations, and all local, state, and federal tax laws.
(c) In making the determination to grant or
deny a request to reactivate a license pursuant to this section, the Commission
must consider, but is not limited to considering, the following:
(1) Generally, whether issuance of the
license is inimical to public health, safety, or welfare, and whether issuance
of the license will undermine public trust that the gambling operations with
respect to which the license would be issued are free from criminal and
dishonest elements and would be conducted honestly.
(2) The circumstances under which the
previous license was surrendered, abandoned, or allowed to expire without being
renewed. Among other things, the Commission may consider, in its discretion,
any or all of the following:
(A) The presence
or absence of any extenuating circumstances.
(B) Information which indicates an attempt to
avoid adverse action arising from potential misconduct as a licensee.
(C) A voluntary decision to relinquish the
prior license.
(D) The applicant's
prior efforts, if any, to have the license reissued or
reactivated.
(3) In the
case of a corporation or partnership, changes in the legal status or
composition of the licensed entity
(4) The potential impact a reopened gambling
establishment may have on the incidence of problem gambling.
(5) The potential impact on the local
economy, including revenues to the local jurisdiction and the number of jobs
that may be created.
(6) The
economic impact on cardrooms located within a 20 statute mile
radius.
(d) The gambling
establishment to be reopened must be located in the same local jurisdiction in
which it was previously licensed.
(e) No temporary licenses may be issued to
any applicant under this section.
(f) A cardroom business license meeting the
qualifications of subsection (a) will be considered abandoned if the time
limits imposed by paragraphs (2) and (3) of subsection (a) are not met. An
abandoned license will be subject to the provisions of subsection (b) of
Section 12142.
1. New
section filed 12-7-2010; operative 1-6-2011 (Register 2010, No. 50). For prior
history, see Register 2010, No. 16.
2. Renumbering of former section
12348 to new section 12144,
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.
Note: Authority cited: Sections
19800,
19811,
19824,
19840,
19841
and
19963,
Business and Professions Code. Reference: Sections
19811,
19823,
19824,
19851,
19856,
19860,
19862,
19864,
19865,
19873,
19876,
19960
and
19963,
Business and Professions Code.
