Amended in Senate September 1, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1188


Introduced by Assembly Member Gipson

February 27, 2015


An act to amendbegin delete Section 19805 of the Business and Professions Code, relating to gambling.end deletebegin insert Section 653o of the Penal Code, relating to imported animals.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1188, as amended, Gipson. begin deleteGambling: key employee. end deletebegin insertImportation or sale of endangered animals.end insert

begin insert

Existing law makes it unlawful to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body or other part or product of specified endangered animals, including kangaroos.

end insert
begin insert

This bill would delete the prohibition on the importation, possession with the intent to sell, and selling within the state of kangaroos.

end insert
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Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. For purposes of the act, existing law defines “key employee” as any natural person employed in the operation of a gambling enterprise in a supervisory capacity or empowered to make discretionary decisions that regulate gambling operations, including, among others, pit bosses, shift bosses, credit executives, cashier operations supervisors, gambling operation managers and assistant managers, and managers or supervisors of security employees.

end delete
begin delete

This bill would revise the definition of “key employee” to mean any natural person employed in the operation of a gambling enterprise in a supervisory capacity or empowered to make discretionary decisions with regard to gambling operations. The bill would also delete pit bosses and shift bosses from the definition of “key employee,” and would instead include shift managers and surveillance managers and supervisors in these provisions.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 653o of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
2Section 2 of Chapter 464 of the Statutes of 2014, is amended to
3read:end insert

4

653o.  

(a) It is unlawful to import into this state for commercial
5purposes, to possess with intent to sell, or to sell within the state,
6the dead body, or any part or product thereof, of a polar bear,
7leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis
8lupus), zebra, whale, cobra, python, sea turtle, colobus monkey,
9begin delete kangaroo,end delete vicuna, sea otter, free-roaming feral horse, dolphin or
10porpoise (Delphinidae), Spanish lynx, or elephant.

11(b) (1) Commencing January 1, 2020, itbegin delete shall beend deletebegin insert isend insert unlawful to
12import into this state for commercial purposes, to possess with
13intent to sell, or to sell within the state, the dead body, or any part
14or product thereof, of a crocodile or alligator.

15(2) This subdivisionbegin delete shallend deletebegin insert doesend insert notbegin delete be construed toend delete authorize
16the importation or sale of any alligator or crocodilian species, or
17any products thereof, that are listed as endangered under the federal
18Endangered Species Act, or to allow the importation or sale of any
19alligator or crocodilian species, or any products thereof, in violation
20of any federal law or international treaty to which the United States
21is a party.

22(c) Abegin delete person who violatesend deletebegin insert violatioend insertbegin insertn ofend insert this section isbegin delete guilty ofend delete
23begin insert punishable asend insert a misdemeanor andbegin delete shall beend deletebegin insert isend insert subject to a fine of
24not less than one thousand dollars ($1,000) and not to exceed five
25thousand dollars ($5,000) or imprisonment in the county jail not
26to exceed six months, or both that fine and imprisonment, for each
27violation.

P3    1(d) The prohibitions against importation for commercial
2purposes, possession with intent to sell, and sale of the species
3listed in this section are severable. A finding of the invalidity of
4any one or more prohibitions shall not affect the validity of any
5remaining prohibitions.

6(e) This section shall become operative on January 1, 2016.

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7

SECTION 1.  

Section 19805 of the Business and Professions
8Code
is amended to read:

9

19805.  

As used in this chapter, the following definitions shall
10apply:

11(a) “Affiliate” means a person who, directly or indirectly through
12one or more intermediaries, controls, is controlled by, or is under
13common control with, a specified person.

14(b) “Applicant” means any person who has applied for, or is
15about to apply for, a state gambling license, a key employee license,
16a registration, a finding of suitability, a work permit, a
17manufacturer’s or distributor’s license, or an approval of any act
18or transaction for which the approval or authorization of the
19commission or department is required or permitted under this
20chapter.

21(c) “Banking game” or “banked game” does not include a
22controlled game if the published rules of the game feature a
23player-dealer position and provide that this position must be
24continuously and systematically rotated amongst each of the
25participants during the play of the game, ensure that the
26player-dealer is able to win or lose only a fixed and limited wager
27during the play of the game, and preclude the house, another entity,
28a player, or an observer from maintaining or operating as a bank
29during the course of the game. For purposes of this section, it is
30not the intent of the Legislature to mandate acceptance of the deal
31by every player if the department finds that the rules of the game
32render the maintenance of or operation of a bank impossible by
33other means. The house shall not occupy the player-dealer position.

34(d) “Chief” means the head of the entity within the department
35that is responsible for fulfilling the obligations imposed upon the
36department by this chapter.

37(e) “Commission” means the California Gambling Control
38Commission.

39(f) “Controlled gambling” means to deal, operate, carry on,
40conduct, maintain, or expose for play any controlled game.

P4    1(g) “Controlled game” means any controlled game, as defined
2by subdivision (e) of Section 337j of the Penal Code.

3(h) “Department” means the Department of Justice.

4(i) “Director” means any director of a corporation or any person
5performing similar functions with respect to any organization.

6(j) “Finding of suitability” means a finding that a person meets
7the qualification criteria described in subdivisions (a) and (b) of
8Section 19857, and that the person would not be disqualified from
9holding a state gambling license on any of the grounds specified
10in Section 19859.

11(k) “Game” and “gambling game” means any controlled game.

12(l) “Gambling” means to deal, operate, carry on, conduct,
13maintain, or expose for play any controlled game.

14(m) “Gambling enterprise” means a natural person or an entity,
15whether individual, corporate, or otherwise, that conducts a
16gambling operation and that by virtue thereof is required to hold
17a state gambling license under this chapter.

18(n) “Gambling enterprise employee” means any natural person
19employed in the operation of a gambling enterprise, including,
20without limitation, dealers, floor personnel, security employees,
21countroom personnel, cage personnel, collection personnel,
22surveillance personnel, data-processing personnel, appropriate
23maintenance personnel, waiters and waitresses, and secretaries, or
24any other natural person whose employment duties require or
25authorize access to restricted gambling establishment areas.

26(o) “Gambling establishment,” “establishment,” or “licensed
27premises,” except as otherwise defined in Section 19812, means
28one or more rooms where any controlled gambling or activity
29directly related thereto occurs.

30(p) “Gambling license” or “state gambling license” means any
31license issued by the state that authorizes the person named therein
32to conduct a gambling operation.

33(q) “Gambling operation” means exposing for play one or more
34controlled games that are dealt, operated, carried on, conducted,
35or maintained for commercial gain.

36(r) “Gross revenue” means the total of all compensation received
37for conducting any controlled game, and includes interest received
38in payment for credit extended by an owner licensee to a patron
39for purposes of gambling, except as provided by regulation.

P5    1(s) “Hours of operation” means the period during which a
2gambling establishment is open to conduct the play of controlled
3games within a 24-hour period. In determining whether there has
4been expansion of gambling relating to “hours of operation,” the
5department shall consider the hours in the day when the local
6ordinance permitted the gambling establishment to be open for
7business on January 1, 1996, and compare the current ordinance
8and the hours during which the gambling establishment may be
9open for business. The fact that the ordinance was amended to
10permit gambling on a day, when gambling was not permitted on
11January 1, 1996, shall not be considered in determining whether
12there has been gambling in excess of that permitted by Section
1319961.

14(t) “House” means the gambling enterprise, and any owner,
15shareholder, partner, key employee, or landlord thereof.

16(u) “Independent agent,” except as provided by regulation,
17means any person who does either of the following:

18(1) Collects debt evidenced by a credit instrument.

19(2) Contracts with an owner licensee, or an affiliate thereof, to
20provide services consisting of arranging transportation or lodging
21for guests at a gambling establishment.

22(v) “Initial license” means the license first issued to a person
23authorizing that person to commence the activities authorized by
24 that license.

25(w) “Institutional investor” means any retirement fund
26administered by a public agency for the exclusive benefit of federal,
27state, or local public employees, any investment company
28registered under the Investment Company Act of 1940 (15 U.S.C.
29Sec. 80a-1 et seq.), any collective investment trust organized by
30banks under Part Nine of the Rules of the Comptroller of the
31Currency, any closed-end investment trust, any chartered or
32licensed life insurance company or property and casualty insurance
33company, any banking and other chartered or licensed lending
34institution, any investment adviser registered under the Investment
35 Advisers Act of 1940 (15 U.S.C. Sec. 80b-1 et seq.) acting in that
36capacity, and other persons as the commission may determine for
37reasons consistent with the policies of this chapter.

38(x) “Key employee” means any natural person employed in the
39operation of a gambling enterprise in a supervisory capacity or
40empowered to make discretionary decisions with regard to
P6    1gambling operations, including, without limitation, shift managers,
2 credit executives, cashier operations supervisors, gambling
3operation managers and assistant managers, managers or
4supervisors of security employees, surveillance managers or
5supervisors, or any other natural person designated as a key
6employee by the department for reasons consistent with the policies
7of this chapter.

8(y) “Key employee license” means a state license authorizing
9the holder to be employed as a key employee.

10(z) “License” means a gambling license, key employee license,
11or any other license issued by the commission pursuant to this
12chapter or regulations adopted pursuant to this chapter.

13(aa) “Licensed gambling establishment” means the gambling
14premises encompassed by a state gambling license.

15(ab) “Limited partnership” means a partnership formed by two
16or more persons having as members one or more general partners
17and one or more limited partners.

18(ac) “Limited partnership interest” means the right of a general
19or limited partner to any of the following:

20(1) To receive from a limited partnership any of the following:

21(A) A share of the revenue.

22(B) Any other compensation by way of income.

23(C) A return of any or all of his or her contribution to capital of
24the limited partnership.

25(2) To exercise any of the rights provided under state law.

26(ad) “Owner licensee” means an owner of a gambling enterprise
27who holds a state gambling license.

28(ae) “Person,” unless otherwise indicated, includes a natural
29person, corporation, partnership, limited partnership, trust, joint
30venture, association, or any other business organization.

31(af) “Player” means a patron of a gambling establishment who
32participates in a controlled game.

33(ag) “Player-dealer” and “controlled game featuring a
34player-dealer position” refer to a position in a controlled game, as
35defined by the approved rules for that game, in which seated player
36participants are afforded the temporary opportunity to wager
37against multiple players at the same table, provided that this
38position is rotated amongst the other seated players in the game.

39(ah) “Publicly traded racing association” means a corporation
40licensed to conduct horse racing and simulcast wagering pursuant
P7    1to Chapter 4 (commencing with Section 19400) whose stock is
2publicly traded.

3(ai) “Qualified racing association” means a corporation licensed
4to conduct horse racing and simulcast wagering pursuant to Chapter
54 (commencing with Section 19400) that is a wholly owned
6subsidiary of a corporation whose stock is publicly traded.

7(aj) “Renewal license” means the license issued to the holder
8of an initial license that authorizes the license to continue beyond
9the expiration date of the initial license.

10(ak) “Work permit” means any card, certificate, or permit issued
11by the commission, or by a county, city, or city and county, whether
12denominated as a work permit, registration card, or otherwise,
13authorizing the holder to be employed as a gambling enterprise
14employee or to serve as an independent agent. A document issued
15by any governmental authority for any employment other than
16gambling is not a valid work permit for the purposes of this chapter.

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