California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 2 - Licenses and Work Permits › Article 4 - Interim Owner Category License › Section 12134 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Subject to the provisions of the Act, this division and Title 11, Division 3,
				  of the California Code of Regulations, a cardroom business licensee may
				  continue gambling operations or a TPPPS business license may continue to
				  provide third-party proposition player services following a qualifying event
				  only if an owner or a licensed person affiliated with the cardroom business
				  licensee or TPPPS business licensee has control of the gambling operations or
				  the provision of third-party proposition player services, as applicable, the
				  Commission and Bureau are notified of the qualifying event within 10 calendar
				  days of that event, and the new owner, or individual in control of the
				  ownership interest, submits a request for an interim owner category license to
				  the Bureau as provided in Section
				  12136. Gambling operations or the
				  provision of third-party proposition player services, as applicable, must be
				  immediately terminated if the Commission denies an applicant's request for an
				  interim owner category license, or approves an applicant's request to withdraw
				  that application, and no other person has applied for or been granted an
				  interim or regular owner category license for that cardroom business licensee
				  or TPPPS business licensee.
(b) If,
				  as a result of a qualifying event, a new owner intends to sell his or her
				  interest in the cardroom business licensee or TPPPS business licensee without
				  someone obtaining an interim or regular owner category license, he or she must
				  provide written notification to the Bureau of that intent within 30 calendar
				  days of that qualifying event.
(c)
				  If, during the term of an interim owner category license, the Bureau determines
				  that the holder of that license may be disqualified for any of the reasons set
				  forth in Business and Professions Code section
				  19859,
				  or may have violated one or more of the conditions under which the interim
				  owner category license was issued, the Bureau must notify the Commission and
				  the holder of the interim license. The matter will be set for Commission
				  consideration at a Commission meeting, which may be no sooner than 45 calendar
				  days after the Bureau's notice. The Bureau will present the information related
				  to its notice at the Commission meeting. The interim license holder may address
				  the Commission by way of an oral or written statement, or both, at the
				  Commission meeting. The Commission may act to cancel the interim owner category
				  license.
(d) This section does not
				  preclude the Commission from issuing temporary licenses pursuant to Business
				  and Professions Code section
				  19824,
				  subdivision (f).
(e) Neither an
				  applicant for an interim owner category license nor the holder of an interim
				  owner category license has the right to an evidentiary hearing in the event the
				  applicant is approved with conditions, denied or cancelled.
1. New
					 section filed 12-12-2020; operative 1-1-2021 pursuant to Government Code
					 section
					 11343.4(b)
					 (Register 2020, No. 51). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20.
2.
					 Amendment of subsection (c) filed 2-8-2022; operative 4-1-2022 (Register 2022,
					 No. 6).
Note: Authority cited: Sections
						19811,
						19823,
						19824,
						19825,
						19826,
						19840,
						19841,
						19853,
						19870
						and
						19984,
						Business and Professions Code. Reference: Sections
						19816,
						19824,
						19841(s),
						19850,
						19851,
						19855,
						19857,
						19859,
						19869,
						19870(b)
						and
						19984,
						Business and Professions Code.