Section 2071 - Gaming Activity Authorization(a) As part of the application for initial licensure, every applicant shall submit to the Bureau a report identifying all gaming activities proposed to be offered at the gambling establishment. The report shall include, but not be limited to, the following: (1) The name of each gaming activity;(2) The rules for each gaming activity, including, where applicable, a description of the event that determines the winner of the gaming activity, the wagering conventions, and the fee collection and assessment methods;(3) A glossary of distinctive terms or phrases used in each gaming activity;(4) A statement for each gaming activity that explains why that gaming activity is not prohibited or made unlawful by statute, local ordinance, regulation, or final judgment by a competent court of law; and(5) Such other information the Bureau, is its discretion, requests. Unless a reported gaming activity is specifically disapproved by the Bureau, all gaming activities identified in the required report shall be deemed authorized upon issuance of the initial license. It shall be an unsuitable method of operation to offer for play any gaming activity that was not specifically identified in the required report, without first obtaining authorization from the Bureau to do so.(b) At any time after initial licensure, a gambling establishment may request the Bureau to authorize a gaming activity which has not been previously authorized by the Bureau, for use at that establishment. Within 30 days of a request for authorization of a gaming activity, the Bureau shall review the request for completeness and notify the licensee of any deficiencies in the request, or that the request is complete. Within 90 days from the date a licensee is notified that the request is complete, the Bureau shall act on the request. The request shall include, but not be limited to, the following: (1) The name of each requested gaming activity;(2) The rules for each requested gaming activity, including, where applicable, a description of the event that determines the winner of the gaming activity, the wagering conventions, and the fee collection and assessment methods;(3) A glossary of distinctive terms or phrases used in each gaming activity;(4) A statement for each gaming activity that explains why that gaming activity is not prohibited or made unlawful by statute, local ordinance, regulation, or final judgment by a competent court of law; and,(5) Such other information the Bureau, in its discretion, requests. It shall be an unsuitable method of operation to offer for play any requested gaming activity without first obtaining authorization from the Bureau to do so.(c) The Bureau, in its sole discretion, may temporarily authorize the play of a gaming activity during the pendency of the Bureau's review. The Bureau, in its sole discretion, may withdraw this temporary authorization at any time. Such temporary authorization does not create any presumption as to the suitability or lawfulness of the gaming activity, nor does it create any right, of any nature whatsoever, to the continuing play of the temporarily authorized gaming activity at the establishment.(d) If upon subsequent review it is determined by the Bureau that a gaming activity is prohibited or made unlawful by statute, local ordinance, regulation, or final judgment by a competent court of law, then the authorization for that gaming activity shall be withdrawn.(e) Within 10 days of service of notice from the Bureau either disapproving of, or withdrawing authorization for, a gaming activity as provided in subdivisions (a), (b) and (d) above, an objection thereto may be filed with the Chief. The Chief, in the Chief's discretion, may then grant or deny the objection. Judicial review of the Chief's decision is subject to the limitation of Business and Professions Code Section 19804.Cal. Code Regs. Tit. 11, § 2071
1. New section filed 10-12-99; operative 10-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 42).
2. Change without regulatory effect amending NOTE filed 1-6-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 2).
3. Change without regulatory effect amending section filed 5-28-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 22).
4. Change without regulatory effect amending subsection (e) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50). Note: Authority cited: Sections 19826 and 19827, Business and Professions Code. Reference: Sections 19801, 19826, 19865, 19866, 19920, 19924 and 19932, Business and Professions Code.
1. New section filed 10-12-99; operative 10-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 42).
2. Change without regulatory effect amending Note filed 1-6-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 2).
3. Change without regulatory effect amending section filed 5-28-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 22).
4. Change without regulatory effect amending subsection (e) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).