BILL ANALYSIS AB 54 Page 1 Date of Hearing: March 5, 2001 ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION Herb Wesson, Chair AB 54 (Wesson) - As Introduced: December 4, 2001 SUBJECT : Card Clubs SUMMARY : Narrows the definition of what constitutes a "banking game" or "banked game." Specifically, this bill deletes the requirement that the bank's participation must dwarf the funds of all other participants in the game. EXISTING LAW : 1)Defines "banking game" or "banked game" as used in the Gambling Control Act and the Penal Code as referring to a game in which the house, a player, or other entity is a participant in the game, taking on all winners, and collecting from all losers. The bank is actually involved in the play, and serves as the ultimate source and repository of funds, dwarfing that of all other participants in the game. 2)Establishes the Gambling Control Commission and grants it jurisdiction over the operation of card clubs and of all persons having an interest in the operation of card clubs. Creates the Division of Gambling Control within the Department of Justice to investigate and enforce controlled gaming activities in the state. 3)Defines a "controlled game" as any game of chance, including any gambling device, played for currency or any other thing of value that is not prohibited and made unlawful by statute or local ordinance 4)Specifies that any person who conducts any game of faro, monte, roulette, lansquenet, rouge et noire, rondo, tan, fan-tan, seven-and-a-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, or any device, is guilty of a misdemeanor. FISCAL EFFECT : None: state mandated local program; contains a crimes and infractions disclaimer. COMMENTS : AB 54 Page 2 1. Purpose of the bill . This bill is a clean-up to AB 1416 (Wesson, Ch. 1023, Statutes of 2000). In the Governor's signing message on AB 1416, he stated that the bill included "language that may be inconsistent with authoritative decisional law and, according to the Attorney General, will require further clean-up legislation to ensure it cannot be interpreted incorrectly. I have been assured by the author of this bill that such cleanup legislation will be introduced early in the next session." In particular, the Attorney General noted that "the condition that the bank serve as the "ultimate source and repository of funds, dwarfing that of all other participants in the game" incorrectly suggests that the character of a game as a "banking game" is dependent on the size of the bank in comparison with the resources of the other participants, rather than the possibility?that a participant with any amount of capital may function as a bank at all. The inclusion of this language?prevents us from rendering an unqualified opinion that the bill is not unconstitutional." Accordingly, this bill seeks to address the concerns of the Governor and the Attorney General. The author has indicated that the provisions of the bill may need to be further refined based on negotiations that continue between the Attorney General and representatives of the card club industry. 2. Background . Since the mid-to-late 1800's, California has prohibited gambling on specified games such as the games of twenty-one and roulette. Rather than continue to amend the law to include games that were later deemed prohibited, the Legislature subsequently prohibited "banking" or "percentage" games played with cards, dice, or any device. Neither of these terms was defined in statute, however, and the public, law enforcement agencies, and the card club industry have generally had to rely on case law to determine the type of games legally allowed in this state. Banking games had come to be defined as games whereby the house or bank is a participant in the game, taking all comers, paying all winners, and collecting from all losers. A percentage game generally is described as any game of chance from which the house collects money calculated as a portion of wagers made or sums won in play, exclusive of charges or fees for use of space and facilities. Consequently, all non-prohibited card games, such as various forms of poker have been permitted, subject to AB 54 Page 3 regulation by the state and local governments. However, two recent California Appellate court decisions (Oliver v. County of Los Angeles [1998] and Kelly v. First Astri Corporation [1999]) found that certain card games could be deemed to be a prohibited banked game if the rules of the card game allow, or potentially allow, the house or another player to operate as a bank during the play of the game. These decisions, in addition to the State Supreme Court's holding in Hotel Employees and Restaurant Employees International Union v. Governor Gray Davis and Cortes v. Governor Gray Davis (Proposition 5), cast some doubt on the California card club industry's ability to use player-dealers in the popular California and Asian card games (e.g., Pai Gow) that have been legally played in this state since the early to mid-1980's. Several legislative attempts were made during the 1999-2000 Legislative Session to clarify this issue by defining what constitutes a banked game. AB 1417 (Wesson) was vetoed in 1999 based on the Governor's concerns that the bill lacked adequate licensing and oversight provisions for persons or business entities that perform the functions of the player bank (proposition players). That concern was addressed by a second attempt that year to define a banked game in AB 1409 (Wesson). However, that bill was also vetoed based on the Governor's desire to allow Proposition 1A to be considered on the March 2000 ballot before addressing any further gaming issues. 3. AB 1416 . Last year, the Governor finally approved the Legislature's third attempt to deal with the player-dealer issue when he signed AB 1416. AB 1416 exempted from the banking game prohibition those games with rules that feature a player-dealer position that continuously and systematically rotates amongst each of the participants in the game. The person occupying the player-dealer position may only win or lose a fixed and limited wager during the play of the game, and a player, the house, or another entity is precluded from maintaining or operating as the bank during the course of the game. AB 1416 additionally authorized a licensed card club to contract with a third party for the purpose of providing proposition player services, provided all contracts between such a business and a card club were pre-approved by the Division of Gambling Control within the Department of Justice. The Gambling Control Commission was AB 54 Page 4 authorized in AB 1416 to require licensure of any person or entity that provides proposition player services, and to perform background checks, audits, and other investigatory services as needed. AB 1416 also extended the current moratorium on ordinances on new card club authorization and expansion until 2007. REGISTERED SUPPORT / OPPOSITION : Support California Commerce Club Opposition Artichoke Joe's Oaks Card Club California Grand Casino Analysis Prepared by : George Wiley / G. O. / (916) 319-2531