Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) No later than December 1, 2011, each
gambling establishment in Tier I and Tier II, as provided in subsection (b) of
Section 12380, shall develop and implement
a written security and surveillance plan for the gambling establishment that
includes, but is not limited to, provisions for the following:
(1) Close monitoring and control of all
controlled gambling and gaming activity;
(2) Close monitoring and control of access to
restricted areas of the gambling establishment that include, but are not
limited to, cages, count rooms, vaults, security offices and surveillance
rooms;
(3) Surveillance procedures,
including video recording requirements, as applicable;
(4) Lighting in and around the gambling
establishment;
(5) Specific
conditions, procedures and instructions for reporting suspected criminal
incidents or activity to state and local law enforcement agencies;
(6) Procedures for securing or protecting
persons, property, assets and records.
(b) No later than December 1, 2011, each
gambling establishment in Tiers III through and including V, as provided in
subsection (b) of Section
12380, shall develop and implement
a security and surveillance plan for the gambling establishment that, in
addition to the requirements of subsection (a), includes, but is not limited
to, provisions for the following:
(1) A
listing of the names and job titles of the employees who are responsible for
making decisions that involve the security of patrons, patrons' property,
employees, employees' property, and the gambling establishment's property, cash
or equivalent assets and records;
(2) The presence and duties of uniformed
security personnel;
(3)
Surveillance procedures, including video recording and monitoring requirements,
as applicable;
(4) Specific
conditions, procedures and instructions for stopping controlled gambling and
gaming activities; and
(5) Specific
employee training schedules that relate to the gambling establishment's
security and surveillance plan.
(c)
(1)
Each security and surveillance plan must identify and comply with all state and
local requirements and must implement all applicable provisions of Article 3 of
this chapter. Each cardroom business licensee must submit, pursuant to
paragraph (2), (3) or (4), as an attachment to its security and surveillance
plan, copies of identified, applicable local ordinances and any locally-issued
certificate of compliance with those ordinances.
(2) Each applicant for a cardroom business
license under Chapter 2 of this Division must submit to the Bureau one copy of
a current security and surveillance plan, pursuant to this section, together
with those application documents required by Section
12112.
(3) Each cardroom business licensee must
submit to the Bureau one copy of its current security and surveillance plan
with the first biennial license renewal application that is submitted eighteen
months after the effective date of this section, and with every second renewal
application submitted thereafter.
(4) If a cardroom business licensee's
security and surveillance plan is revised as a result of the addition of
permanent tables, or as a result of any change to the physical premises which
alters the locations or configurations of any restricted areas of the gambling
establishment, or which alters or affects any security or surveillance
capabilities or procedures, the cardroom business licensee must submit one copy
of its revised security and surveillance plan with the first biennial license
renewal application submitted immediately following any revision to its
security and surveillance plan, and, paragraph (3) notwithstanding, with every
second renewal application submitted thereafter.
(5) If the responsible local authority
provides reviews of security or surveillance plans, the cardroom business
licensee must send documentation of the areas reviewed by the responsible local
authority and whether or not the responsible local authority approved those
areas of the security and surveillance plan under the responsible local
authority's jurisdiction.
(d) The Bureau will review the cardroom
business licensee's security and surveillance plan, including those provisions
under the responsible local authority's jurisdiction, whether reviewed by the
local authority or not, and those provisions not under the responsible local
authority's jurisdiction. If the Bureau determines that the cardroom business
licensee's security and surveillance plan does not address the elements set
forth in this section, then the Bureau may issue a determination identifying
the deficiencies and specifying a time certain within which those deficiencies
must be cured.
(e)
(1) Each cardroom business licensee must, at
least annually, provide for a review of the requirements of the security and
surveillance plan with those employees that have been assigned duties under the
plan, ensuring that each employee has a general understanding of the provisions
of the plan applicable to his or her position and understands his or her
specific duties under the plan. This annual review must be documented,
including a signature from each employee indicating that they have participated
in the review and a signature from the person who provided the
review.
(2) When a new employee
begins work, the cardroom business licensee, or the cardroom business
licensee's designate, must review the requirements of the security and
surveillance plan with the new employee, ensuring that each new employee has a
general understanding of the provisions of the plan applicable to his or her
position and understands his or her specific duties under the plan. This
initial review must be documented as provided in paragraph
(1).
(f) Failure by a
cardroom business licensee to develop and implement a security and surveillance
plan, or to cure a deficiency identified pursuant to subsection (d),
constitutes an unsuitable method of operation and also may result in denial of
an application for license renewal pursuant to Section
12144, or in the suspension or
revocation of its existing license pursuant to Chapter 10 of this
division.
(g) In addition to any
other remedy under the Act or this division, the Commission may assess a civil
penalty of at least $500 but no more than $5000 for each violation of this
section.
1. New
section filed 4-6-2010; operative 5-6-2010 (Register 2010, No.
15).
2. Change without regulatory effect amending subsections
(c)(2)-(3) 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).
3. 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.
Note: Authority cited: Sections 19811, 19824, 19840,
19841 and 19924, Business and Professions Code. Reference: Sections 19841,
19860, 19920 and 19924, Business and Professions Code.
