California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 8 - Bingo › Article 1 - Definitions and General Provisions › Section 12480 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except as otherwise provided in Section
				  12002 and subsection (b) of this
				  regulation, the definitions in Business and Professions Code section
				  19805
				  and Penal Code sections
				  326.3 and
				  326.5(p),
				  shall govern the construction of this chapter.
(b) As used in this chapter:
(1) "Administrative duties" include
				  activities relating to coordinating all aspects of remote caller bingo games
				  including, but not limited to, planning, organizing, and scheduling with
				  sponsoring and cosponsoring organizations.
(2) "Authorized organization" means an
				  organization authorized by the Commission pursuant to Section
				  12505.
(3) "Bingo equipment" includes, but is not
				  limited to, any card-minding device; Point of Sale system for card-minding
				  devices; all network and telecommunications equipment used to communicate from
				  the calling station to card-minding devices; the calling station and all
				  related equipment; the main flashboard and all related equipment, the balls,
				  the verifier, and the game pacer used in the playing of remote caller bingo
				  games.
(4) "Caller" means an
				  individual who is present at a host game site and who announces the numbers or
				  symbols from randomly drawn plastic balls.
(5) "Distributor" means any person that
				  directly or indirectly distributes; supplies; vends; leases; or otherwise
				  provides card-minding devices for use in this state; including the supplying,
				  repairing, and servicing if authorized by the manufacturer, whether from a
				  location within this state or from a location outside this state.
(6) "Employee" means an individual who is
				  paid a reasonable fee for the performance of duties related to the conduct of
				  remote caller bingo games in any of the following categories:
(A) Administrative;
(B) Financial;
(C) Managerial;
(D) Security; or
(E) Technical.
(7) "Fiduciary" means an individual who is
				  designated in writing by an authorized organization to manage the finances of
				  the organization's remote caller bingo operation for the benefit of the
				  organization rather than the benefit of the designated individual, exercising
				  the highest level of good faith, loyalty, and diligence.
(8) "Financial duties" include, but are not
				  limited to, cashiering, maintaining accounts payable and receivable, payroll
				  processing, and maintenance of financial accounting books and records, on
				  behalf of an organization or a vendor.
(9) "Game" is defined as beginning when the
				  first ball or number symbol is called and ends when all succeeding balls or
				  number symbols are returned to the cage or blower and the machine has been
				  cleared. A game may have two or more parts with different winning patterns for
				  each part.
(10) "Game pacer" means
				  an electrical or electronic device that is set to a predetermined interval
				  establishing the timing of bingo calls. The game pacer may be a separate device
				  or may be incorporated into the bingo calling station.
(11) "Host site" means the location at which
				  the live bingo game is conducted and the transmission of the remote caller
				  bingo game originates.
(12)
				  "Interim license" means a license issued by the Commission pursuant to Section
				  12492 or Section
				  12500 that allows the following:
(A) A fiduciary or caller of an authorized
				  organization, or a vendor to conduct remote caller bingo games; or
(B) An owner-licensee of a manufacturing,
				  distributing, or vending business to provide remote caller bingo equipment,
				  supplies, and services or card-minding devices in this
				  state.
(13) "Managerial
				  duties" include, but are not limited to, oversight of the conduct of the game
				  and the supervision of the employees, members, and patrons at any remote caller
				  bingo game site.
(14)
				  "Manufacturer" means any person that directly or indirectly does one or a
				  combination of the following:
(A)
				  Manufactures, distributes, supplies, vends, leases, or otherwise provides bingo
				  equipment or supplies used in a remote caller bingo game.
(B) Manufactures, distributes, supplies,
				  vends, leases, or otherwise provides card-minding devices, including the
				  assembly, production, programming, or modification of card-minding devices, in
				  this state or for use in this state.
(C) Performs any of the functions listed in
				  subparagraphs (A) or (B) in a location outside of this state, with respect to
				  remote caller bingo equipment and supplies or card-minding devices intended for
				  operation in this state.
(15) "Member" means an individual who belongs
				  to an authorized organization and assists with the conduct of remote caller
				  bingo games.
(16) "Net receipts"
				  means the total revenue from all activities connected with participation in a
				  game of remote caller bingo after costs and expenses are deducted.
(17) "Organization" means an organization
				  that is exempt from the payment of the bank and corporation tax by Section
				  23701a,
				  23701b,
				  23701d,
				  23701e,
				  23701f,
				  23701g,
				  23701k,
				  23701l,
				  or
				  23701w
				  of the Revenue and Taxation Code; a mobile home park association; a senior
				  citizens organization; or a charitable organization affiliated with a school
				  district.
(18) "Owner" means an
				  individual, corporation, limited liability company, partnership, trust, joint
				  venture, association, or any other entity that has 10 percent or more interest
				  in or has the power to exercise significant influence over a manufacturing,
				  distributing, or vending business and is endorsed on the license certificate
				  issued to the owner-licensee.
(19)
				  "Owner-licensee" means an individual, corporation, limited liability company,
				  partnership, trust, joint venture, association, or any other owner of a
				  manufacturing, distributing, or vending business that holds an interim or
				  regular license issued by the Commission.
(20) "Point of sale system" means a financial
				  interface software system used to track transactions involving card-minding
				  devices and customer accounts.
(21)
				  "Profit" means the gross receipts collected from one or more bingo games, less
				  reasonable sums necessarily and actually expended for prizes, licensing fees,
				  overhead costs, and other allowable expenses.
(22) "Record" includes, but is not limited
				  to, ledgers and accounts relating to inventory, proceeds, expenditures, and the
				  distribution of all profits derived from remote caller bingo games.
(23) "Regular license" means a license issued
				  by the Commission pursuant to the provisions of Section
				  12492, Section
				  12500, section
				  326.3(q)(1)
				  of the Penal Code, and any specific additional licensing criteria established
				  by the Commission in regulation.
(24) "Remote caller bingo equipment"
				  includes, in addition to the equipment specified in paragraph (3), all network,
				  video, audio and telecommunications equipment used for the purpose of
				  transmitting the play of a bingo game from a host site to one or more satellite
				  sites.
(25) "Satellite site" means
				  the location at which the transmission of the live bingo game from a host site
				  is received.
(26) "Security duties"
				  include, but are not limited to, physically safeguarding the authorized
				  organization's patrons, staff, assets, and property, including the site's
				  surrounding area and parking facility.
(27) "Site" means the property owned or
				  leased by an authorized organization, or property whose use is donated to an
				  authorized organization and which property is used by that authorized
				  organization for performance of the charitable purpose for which the
				  organization was formed.
(28) "Site
				  manager" means an individual who is physically present at a remoter caller
				  bingo game site and is the primary person responsible for the game conduct,
				  staff, and patrons present at the site and obtaining the declared winner's
				  identifying information and mailing address.
(29) "Sponsor" means an authorized
				  organization conducting remote caller bingo games, which has met the
				  requirements of section
				  326.3(b)(1)
				  of the Penal Code.
(30) "Technical
				  duties" include, but are not limited to, providing expertise related to the
				  maintenance, repair and operation of remote caller bingo equipment.
(31) "Vendor" means, for purposes of section
				  326.3 of the
				  Penal Code, a person that directly or indirectly provides equipment, supplies,
				  or services to an authorized organization for use in remote caller bingo games,
				  including management companies that have a written agreement with an
				  organization to assist with or conduct remote caller bingo games.
(32) "Volunteer" means a member of an
				  organization that assists with the conduct of remote caller bingo games and is
				  not compensated for the performance of their duties and does not benefit
				  financially from the conduct of remote caller bingo games.
(33) "Work permit" means a card, certificate,
				  or permit issued by the Commission pursuant to Section
				  12503 or by a county, city, or city
				  and county, that authorizes the holder to be employed by a vendor or an
				  authorized organization to conduct remote caller bingo games in the following
				  categories:
(A) Administrative;
(B) Financial;
(C) Managerial;
(D) Security; or
(E) Technical.