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 12396 - Surveillance

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 surveillance:
(1) Cardroom
				  business licensees must install and maintain, on site in their gambling
				  establishment, a surveillance system, with video recording and closed circuit
				  television (CCTV) monitoring capabilities, to record critical activities
				  related to the cardroom business licensees' gambling operations. The
				  surveillance system must record with reasonable coverage and clarity, at a
				  minimum, the gambling operation, including card values, wagers, and game
				  outcomes, the payment of player drop fees, the collection of drop boxes, the
				  drop count processes, cage and cashier activities, gambling equipment storage
				  areas except for furniture storage areas, and the interior of gambling
				  establishment entrances and exits. For the purposes of this paragraph, an
				  overhead view of card values, wagers, and game outcomes is acceptable for Tier
				  I licensees. This paragraph does not apply to demonstration or instructional
				  tables, when cash or prizes are not being wagered, won or lost. The video
				  recording equipment must include date and time generators which must display
				  the current date and time of recorded events on videotape or digital
				  recordings. The displayed date and time must not significantly obstruct the
				  view of recorded images. The surveillance system may have remote, off-site
				  access capabilities, but only ancillary to any on-site systems required by this
				  section.
(2) All surveillance
				  recordings must be made in real time mode, or at a speed sufficient to capture
				  and record with reasonable completeness the actions of all individuals being
				  observed.
(3) All video
				  surveillance cameras must be installed in a manner that prevents them from
				  being intentionally obstructed, tampered with or disabled by patrons or
				  employees, to the extent reasonably possible. All recording and monitoring
				  equipment must be located in secure rooms or areas of the gambling
				  establishment so that access is controlled.
(4) The surveillance system operation must be
				  checked daily to ensure that all surveillance equipment is functioning properly
				  and reasonable efforts must be made to repair or replace malfunctioning
				  surveillance equipment within 72 hours of the discovery of the malfunctions.
				  With the exemption of parking lots, if at any time, the surveillance system
				  ceases to be able to record any area of the gambling establishment required to
				  be recorded in accordance with this Article, the cardroom business licensee
				  must take lawful steps to ensure the area is not used for any activity subject
				  to surveillance requirements until the surveillance system is able to record
				  the area. For the purposes of this paragraph, lawful means in accordance with
				  federal, state, and local requirements.
(5) A digital video recorder (DVR), network
				  video recorder (NVR), or equivalent system will be utilized meeting the
				  following standards:
(A) The system must have
				  a failure notification system that, at a minimum, provides a visual
				  notification of any failure in the surveillance system or the media storage
				  system.
(B) The system must have a
				  media storage system that is configured so that a failure of any single
				  component will not result in the loss of any data from the media storage
				  system.
(C) The system must have
				  the capability to reproduce or copy all or any portion of the stored data from
				  the media storage system to a digital video disk (DVD) or a portable digital
				  storage device.
(D) A single system
				  must not have more than eight cameras required by the standards of this
				  section, unless the system has an appropriate backup system to ensure that
				  there is no loss of data in the event of a failure of the primary system or any
				  single component of that system.
(6) Videotapes or other recording media must
				  be marked or coded to denote the activity recorded.
(7) Unless otherwise requested by the Bureau,
				  all recordings must be retained for a minimum of 14 complete days of operation,
				  except that recordings that are determined by the Bureau or a law enforcement
				  agency to be of evidentiary value must be retained for a period specified in
				  writing by the determining agency. Recordings of any criminal offense subject
				  to reporting pursuant to paragraph (4) of subsection (a) of Section
				  12395 must be retained
				  indefinitely, or until the Bureau authorizes their disposal.
(8)
(A) For
				  the purpose of enforcing the provisions of the Act, this division, or Division
				  3 of Title 11 of the California Code of Regulations, Bureau staff, with the
				  approval of the Chief, may, at any time during the gambling establishment's
				  actual hours of operation, demand immediate access to the surveillance room and
				  any area of the gambling establishment where surveillance equipment is
				  installed or maintained or where surveillance video recordings are stored, and
				  such access must be provided by the cardroom business licensee or the cardroom
				  business licensee's authorized representative.
(B) The Bureau may, pursuant to subparagraph
				  (D) of paragraph (1) of subdivision (a) of section
				  19827
				  of the Business and Professions Code, take custody of and remove from the
				  gambling establishment the original of any video recording, or a copy of any
				  digital recording, required to be made and maintained pursuant to the Act or
				  this division. Any surveillance video recording that is in the custody of the
				  Bureau pursuant to this paragraph may be disclosed by the Bureau only when
				  necessary to administer or enforce the provisions of the Act, this division, or
				  Division 3 of Title 11 of the California Code of Regulations or when necessary
				  to comply with a court order. Upon reasonable request of the cardroom business
				  licensee or the cardroom business licensee's authorized representative, a copy
				  of the recordings must be made and left on the premises if copying equipment is
				  available to enable Bureau staff to make copies. If copying equipment is not
				  available to Bureau staff, upon reasonable request of the cardroom business
				  licensee or the cardroom business licensee's authorized representative, a copy
				  of the recordings will be provided to the cardroom business licensee at the
				  cardroom business licensee's expense, unless the Bureau expressly waives its
				  costs of providing the copies.
1. Digital
				  copies will be a clear representation of the original.
2. The cardroom business licensee will
				  provide the Bureau with any software necessary to view the digital copies or
				  provide the digital copies in a format that is acceptable to the
				  Bureau.
(9)
				  Cardroom business licensees must prominently display in a place and manner
				  conspicuous to all patrons entering and exiting the gambling establishment, a
				  sign containing the following statement printed in bold lettering of sufficient
				  size to be visible and readable: "All Public Areas, Entrances and Exits of This
				  Establishment are Subject to Surveillance and Video Recording." The lettering
				  and background must be of contrasting colors, and the sign must comply in all
				  respects with applicable signage requirements, if any, of the local
				  jurisdiction.