California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 7 - Conditions of Operation for Gambling Establishments › Article 3 - Minimum Internal Control Standards (MICS) for Cardroom Business Licensees › Section 12395 - Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  policies and procedures for all Tiers must meet or exceed the following
				  standards for security:
(1) Access to
				  non-public areas of the gambling establishment that have access to the gambling
				  establishment's currency or unsecured gambling equipment, including but not
				  limited to cages, count rooms, vaults, and security offices, must be limited to
				  authorized cardroom category licensees, holders of a local work permit, or
				  employees of a registered manufacturer or distributor only in the performance
				  of their duties, or other person(s) if escorted and observed at all times by an
				  authorized cardroom category licensee or holder of a local work permit in
				  person or observed through a continuous live surveillance system. For purposes
				  of this paragraph, "unsecured gambling equipment" means any gambling equipment
				  in a non-public area that is not stored in a locked receptacle, drawer, or
				  compartment which is under continuous recorded video surveillance, and does not
				  include any gambling equipment that is not subject to tampering or related to
				  game outcomes, such as gaming tables, table felts, chip trays, and lammers.
				  This paragraph does not limit a proposition player contract's inclusion of a
				  provision consistent with paragraph (13) of subsection (b) of Section
				  12270.
(2) Access to any room used for the media
				  storage for the surveillance system, pursuant to Section
				  12396, must be limited to
				  authorized cardroom category licensees and holders of a local work permit only
				  in the performance of their duties, or other person(s) either if escorted and
				  observed at all times by an authorized cardroom category licensee or holder of
				  a local work permit in person, or observed or reviewed by a cardroom category
				  licensee or holder of a local work permit using a continuous surveillance
				  system. This paragraph does not limit a proposition player contract's inclusion
				  of a provision consistent with paragraph (13) of subsection (b) of Section
				  12270.
(3) For the purpose of video surveillance
				  recordings, gambling establishments must provide adequate lighting of all
				  public areas, entrances and exits, and for all adjoining parking areas owned,
				  operated or otherwise controlled by the cardroom business licensee for use by
				  its patrons.
(4) Cardroom business
				  licensees must submit an "Incident Report Form," CGCC-CH7-08 (New 08/22), which
				  is attached in Appendix A to this Chapter, within five business days of the
				  following incidents:
(A) When the cardroom
				  business licensee obtains evidence that a reasonably suspected violation of any
				  of the following occurred:
1. The Act, this
				  division, Division 3 of Title 11 of the California Code of Regulations, any
				  statute set forth in sections
				  330 through
				  337z of the
				  Penal Code, or any misdemeanor violation of an ordinance of the applicable
				  city, county, or city and county that pertains to gambling;
2. Section
				  1916-
				  3(b)
				  of the Civil Code (loan-sharking);
3. Section
				  11012
				  of the Health and Safety Code (distributing a controlled substance, as defined
				  in Section
				  11007
				  of the Health and Safety Code); or
4. Penal Code sections
				  148.10 (resisting a peace
				  officer resulting in death or serious bodily injury to peace
				  officer),
				  186.10 (money
				  laundering),
				  211
				  (robbery),
				  220 (assault
				  with intent to commit mayhem, rape, sodomy, oral copulation or other specified
				  offense), 236.1 (human trafficking), 243.4 (sexual battery), 245 (assault with
				  deadly weapon or force likely to produce great bodily injury), 261 (rape), 266h
				  (pimping and pimping a minor), 266i (pandering and pandering of a minor), 286
				  (criminal sodomy), 287 (criminal oral copulation), 288 (lewd and lascivious
				  acts on a child), 289 (forcible acts of sexual penetration), 347 (poisoning
				  food or drink), 422 (criminal threats), 470 (forgery: signatures or seals),
				  470b (display or possession of forged driver's license or identification card),
				  476 (forgery: fictitious or altered bills, notes or checks), 518 (extortion),
				  641.3 (commercial bribery), 647(b) (prostitution), or 653.23 (supervising or
				  otherwise aiding a prostitute).
(B) Any incident involving:
1. A theft valued at an amount consistent
				  with the dollar amount provided in subdivision (a) of Penal Code section
				  487, or any
				  dollar amount if the theft is reasonably suspected to have been committed by a
				  cardroom category licensee, local work permittee, or TPPPS category
				  licensee;
2. The death of a
				  person;
3. The on-site presence of
				  law enforcement in response to a physical injury of a person;
4. The theft of $500 or more in chips, or any
				  dollar amount if the theft is reasonably suspected to have been committed by a
				  cardroom category licensee, local work permittee, or TPPPS category
				  licensee;
5. The discovery of $500
				  or more in counterfeit currency and/or chips in a 24-hour period, or any dollar
				  amount if the counterfeiting is reasonably suspected to have been committed by
				  a cardroom category licensee, local work permittee, or TPPPS category
				  licensee;
6. The discovery of $500
				  or more in counterfeit currency and/or chips cumulatively linked to a specific
				  individual or group of individuals over a two-week period; or
7. The immediate evacuation of the gambling
				  establishment for a reason such as a false bomb threat (Penal Code Section
				  148.1).
(C) Any incident involving:
1. The forfeiture pursuant to subparagraph
				  (C) of paragraph (4) of subsection (a) of Section
				  12463 or paragraph (5) of
				  subsection (a) of Section
				  12464, of any unredeemed jackpots
				  or prizes;
2. The arrest of any
				  associated cardroom endorsee licensee, cardroom employee type licensee, or
				  holder of a local work permit; or
3. The approval with conditions, denial,
				  suspension, or revocation of a license, permit, or authorization to work in a
				  gambling establishment by any city, county, or city and county regarding any
				  associated cardroom endorsee licensee, cardroom employee type licensee, or
				  holder of a local work permit. An incident report does not need to be filed for
				  a denial unless that denial is for a reason that is substantially similar to
				  either subdivision (a) or (b) of Business and Professions Code section
				  19857
				  or any subdivision of Business and Professions Code section
				  19859.
(D) For subparagraphs (A) and (B), the
				  cardroom business licensee need only submit an "Incident Report Form,"
				  CGCC-CH7-08, if the suspected violation or incident occurred within the
				  gambling establishment or in any adjacent space owned, managed, controlled,
				  rented, or utilized by the cardroom business licensee for or in connection with
				  the gambling operation. This includes, but is not limited to, parking lots,
				  restrooms, restaurants, and hotels. The cardroom business licensee is not
				  required to submit an incident report for an incident that occurs in a part of
				  the gambling establishment or adjacent space owned, managed, or rented by the
				  cardroom business licensee if that space is solely utilized by the TPPPS
				  business licensee under the terms of the TPPPS contract.
(5) Cardroom business licensees must maintain
				  a list of all mechanical keys or electronic card keys to the locking devices
				  used to secure the gambling establishment, restricted areas of the gambling
				  establishment, or any fixtures, appurtenances and equipment used in the
				  gambling operation, the names of all cardroom employee type licensees who have
				  been issued, possess or have access to any of those keys, and the location
				  where un-issued keys are stored. If any coded mechanical or electronic locking
				  devices are used, the list must include all access codes and combinations, as
				  applicable, and the names of all cardroom employee type licensees who possess
				  any code or combination, or who control the mechanism to open any of the locks.
				  The cardroom business licensee may maintain a master list or separate
				  departmental lists. Each list must be:
(A)
				  Continuously maintained while current, at a minimum, in a permanent, written
				  form and dated as of the date created or updated;
(B) Updated as changes in the information
				  contained in the list changes;
(C)
				  Kept in a secure, locked receptacle, such as a key control box, safe, locking
				  file drawer or similar container; and
(D) Retained for a minimum of one year after
				  the list has been updated.