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  :   








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          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  








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          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  








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          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