California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 10 - Discipline, Hearings, and Decisions › Section 12560 - Disciplinary Guidelines for Third-Party Proposition Player Services Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				Commission finds that a TPPPS owner type licensee, is out of compliance with
				any mandatory duty specified in or imposed by the Act or any Commission or
				Bureau regulation, which is not otherwise listed in these disciplinary
				guidelines, the penalty will be one day of suspension of proposition player
				services from either a specified cardroom business licensee or all cardroom
				business licensees, as the circumstances and factors in mitigation or
				aggravation apply and which may be stayed on terms and conditions and any
				monetary penalty as described in paragraph (7) of subsection (d) of Section
				12554.
(b) A TPPPS owner type licensee will be
				subject to a minimum discipline of suspension of five calenda-rdays from either
				a specified cardroom business licensee or all cardroom business licensees, as
				the circumstances and factors in mitigation or aggravation apply, and a maximum
				discipline of revocation, which may be stayed on terms and conditions and any
				monetary penalty as described in paragraph (7) of subsection (d) of Section
				12554, if the Commission finds
				that:
(1) The TPPPS owner type licensee has
				violated or is out of compliance with any conditions, limitations, orders, or
				directives imposed by the Commission, either as part of an initial license,
				renewal license, or pursuant to disciplinary action;
(2) The TPPPS owner type licensee has been
				found, by any administrative tribunal or court, to have violated or be in
				violation of any law involving or relating to gambling;
(3) The TPPPS owner type licensee has
				intentionally misrepresented a material fact on an application or supplemental
				application for licensure;
(4) The
				TPPPS owner type licensee has engaged in any dishonest, fraudulent, or
				deceptive activities in connection with controlled gambling or the provision of
				proposition player services;
(5)
				The TPPPS owner type licensee has violated any law or ordinance with respect to
				campaign finance disclosure or contribution limitations, pursuant to Business
				and Professions Code section
				19982;
(6) The TPPPS owner type licensee has
				violated California Code of Regulations, Title 4, regarding annual fees for
				third-party proposition player services;
(7) The TPPPS owner type licensee has
				provided proposition player services in violation of California Code of
				Regulations, Title 4, Section
				12270, subsection (b)(9) or
				(b)(11);
(8) The TPPPS owner type
				licensee has failed to fully disclose financial arrangements in violation of
				California Code of Regulations, Title 4, Section
				12270, subsection
				(b)(14);
(9) The TPPPS business
				licensee has failed to report cheating, in violation of California Code of
				Regulations, Title 4, Section
				12270, subsection
				(b)(17);
(10) The TPPPS owner type
				licensee has purchased, leased, or controlled equipment in violation of
				California Code of Regulations, Title 4, Section
				12270, subsection
				(b)(20);
(11) The TPPPS owner type
				licensee has failed to have the TPPPS contract approved, in violation of
				California Code of Regulations, Title 4, Section
				12270, subsection (b)(21), or
				Section 12272;
(12) The TPPPS owner type licensee has
				authorized or provided payment to or receipt by the cardroom business licensee,
				in violation of California Code of Regulations, Title 4, Section
				12270, subsection (c);
(13) The TPPPS owner type licensee has been
				cheating, or has induced or instructed another to cheat, pursuant to Penal Code
				sections
				337t,
				337u,
				337v,
				337w, or
				337y;
(14) The TPPPS owner type licensee has
				committed extortion (as that term is defined in Chapter 7 of Title 13 of Part 1
				of the Penal Code, commencing with section
				518);
(15) The TPPPS owner type licensee has
				committed loan-sharking [as that term is used in Civil Code section
				1916-
				3, subdivision
				(b)];
(16) The TPPPS owner type
				licensee has conducted or negotiated illegal sales of controlled substances (as
				that term is used in Chapter 1 (commencing with section
				11000) of Division 10 of the Health
				and Safety Code) or dangerous drugs (as that term is used in Business and
				Professions Code, section
				4022);
(17) The TPPPS owner type licensee has
				committed bribery (as that term is used in Penal Code section
				67 or
				67.5);
(18) The TPPPS owner type licensee has
				committed money laundering (as that term is used in Chapter 10 of Title 7 of
				Part 1 of the Penal Code, commencing with section
				186.9);
(19) The TPPPS owner type licensee has
				granted rebates to patrons without full disclosure, in violation of California
				Code of Regulations, Title 4, Section
				12270, subsection
				(b)(18);
(20) The TPPPS owner type
				licensee has violated the provisions regarding playing books listed in
				California Code of Regulations, Title 4, Section
				12250;
(21) The TPPPS owner type licensee committed,
				attempted to commit, or conspired to commit any act prohibited by the Act or
				this chapter;
(22) The TPPPS owner
				type licensee concealed or refused to disclose any material fact in any inquiry
				by the Bureau or the Commission;
(23) The TPPPS owner type licensee bought or
				sold chips other than to or from the cardroom business licensee, except for
				exchanging with a patron, chips of one denomination for chips of another
				denomination;
(24) The TPPPS owner
				type licensee lent money or chips to a patron;
(25) The TPPPS owner type licensee knowingly
				permitted one or more of the TPPPS owner type licensee's TPPPS employee type
				licensees to commit any act described in paragraph (9) of subsection (c) or
				paragraphs (9) to (17), inclusive, of subsection (d);
(26) The TPPPS owner type licensee knew, or
				failed to implement reasonable oversight procedures that would have apprised
				the TPPPS owner type licensee, that one or more of the TPPPS owner type
				licensee's TPPPS employee type licensees was in violation of one or more
				provision the Act or regulation and failed or refused to take action to prevent
				the recurrence of the violation or violations;
(27) The TPPPS owner type licensee provided
				proposition player services to a gambling enterprise without a Bureau-approved
				contract on and after April 30, 2004; or,
(28) The TPPPS owner type licensee provided
				prohibited player-dealer services.