Section 12144 - Cardroom Business License: Prior Surrender or Abandonment(a) A cardroom business license that was valid as of December 31, 1999, or that was issued pursuant to an application on file with the department prior to September 1, 2000, and that was surrendered or expired without being renewed prior to January 6, 2011, will be eligible for reinstatement in accordance with the following guidelines: (1) The applicant seeking to reinstate the license must be the last holder of the license that he or she is seeking to reinstate.(2) The applicant must notify the Commission, in writing, within 30 calendar days of the effective date of this section of the intent to apply for reinstatement of the license.(3) The applicant must submit a complete application for an initial cardroom business license pursuant to Section 12112, and all documentation required by subsection (b) within 12 months of the effective date of this section.(b) The following documentation is required of any applicant applying to reinstate a cardroom business license under this section: (1) A copy of the last license issued by the state, or other documentation satisfactory to the Commission, authorizing the applicant to operate the gambling establishment, which may include either a provisional license or a cardroom business license. For a corporation or partnership, the applicant must also demonstrate that it is the same entity as was previously licensed to operate the gambling establishment.(2) A written document addressing the circumstances under which the previous license was surrendered, abandoned, or allowed to expire without being renewed, as well as the applicant's prior efforts, if any, to have the license renewed.(3) A copy of the current applicable local gambling ordinance.(4) An opinion from the chief legal officer of the local jurisdiction, dated no earlier than the effective date of this section, certifying that the reopening of the gambling establishment is authorized by and consistent with the local gambling ordinance.(5) A copy of a formal resolution or other evidence satisfactory to the Commission, adopted by the applicable city council, board of supervisors, or other local governing authority, dated no earlier than the effective date of this section, which clearly states a willingness to issue a local license to the applicant, contingent upon issuance of a state license.(6) A statement signed by the chief law enforcement officer of the local jurisdiction, dated no earlier than the effective date of this section, confirming that he or she supports the reopening of the gambling establishment.(7) An economic feasibility study that demonstrates to the satisfaction of the Commission that the proposed gambling establishment will be economically viable, and that the owners have sufficient resources to make the gambling establishment successful and to fully comply with all requirements of the local ordinance, the Act, applicable state regulations, and all local, state, and federal tax laws.(c) In making the determination to grant or deny a request to reactivate a license pursuant to this section, the Commission must consider, but is not limited to considering, the following: (1) Generally, whether issuance of the license is inimical to public health, safety, or welfare, and whether issuance of the license will undermine public trust that the gambling operations with respect to which the license would be issued are free from criminal and dishonest elements and would be conducted honestly.(2) The circumstances under which the previous license was surrendered, abandoned, or allowed to expire without being renewed. Among other things, the Commission may consider, in its discretion, any or all of the following: (A) The presence or absence of any extenuating circumstances.(B) Information which indicates an attempt to avoid adverse action arising from potential misconduct as a licensee.(C) A voluntary decision to relinquish the prior license.(D) The applicant's prior efforts, if any, to have the license reissued or reactivated.(3) In the case of a corporation or partnership, changes in the legal status or composition of the licensed entity(4) The potential impact a reopened gambling establishment may have on the incidence of problem gambling.(5) The potential impact on the local economy, including revenues to the local jurisdiction and the number of jobs that may be created.(6) The economic impact on cardrooms located within a 20 statute mile radius.(d) The gambling establishment to be reopened must be located in the same local jurisdiction in which it was previously licensed.(e) No temporary licenses may be issued to any applicant under this section.(f) A cardroom business license meeting the qualifications of subsection (a) will be considered abandoned if the time limits imposed by paragraphs (2) and (3) of subsection (a) are not met. An abandoned license will be subject to the provisions of subsection (b) of Section 12142.Cal. Code Regs. Tit. 4, § 12144
1. New section filed 12-7-2010; operative 1-6-2011 (Register 2010, No. 50). For prior history, see Register 2010, No. 16.
2. Renumbering of former section 12348 to new section 12144, including amendment of section heading and 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. Note: Authority cited: Sections 19800, 19811, 19824, 19840, 19841 and 19963, Business and Professions Code. Reference: Sections 19811, 19823, 19824, 19851, 19856, 19860, 19862, 19864, 19865, 19873, 19876, 19960 and 19963, Business and Professions Code.
1. New section filed 12-7-2010; operative 1-6-2011 (Register 2010, No. 50). For prior history, see Register 2010, No. 16.
2. Renumbering of former section 12348 to new section 12144, including amendment of section heading and 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.