Cal. Code Regs. tit. 4 § 12372

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 12372 - Security and Surveillance Plan
(a) No later than December 1, 2011, each gambling establishment in Tier I and Tier II, as provided in subsection (b) of Section 12380, shall develop and implement a written security and surveillance plan for the gambling establishment that includes, but is not limited to, provisions for the following:
(1) Close monitoring and control of all controlled gambling and gaming activity;
(2) Close monitoring and control of access to restricted areas of the gambling establishment that include, but are not limited to, cages, count rooms, vaults, security offices and surveillance rooms;
(3) Surveillance procedures, including video recording requirements, as applicable;
(4) Lighting in and around the gambling establishment;
(5) Specific conditions, procedures and instructions for reporting suspected criminal incidents or activity to state and local law enforcement agencies;
(6) Procedures for securing or protecting persons, property, assets and records.
(b) No later than December 1, 2011, each gambling establishment in Tiers III through and including V, as provided in subsection (b) of Section 12380, shall develop and implement a security and surveillance plan for the gambling establishment that, in addition to the requirements of subsection (a), includes, but is not limited to, provisions for the following:
(1) A listing of the names and job titles of the employees who are responsible for making decisions that involve the security of patrons, patrons' property, employees, employees' property, and the gambling establishment's property, cash or equivalent assets and records;
(2) The presence and duties of uniformed security personnel;
(3) Surveillance procedures, including video recording and monitoring requirements, as applicable;
(4) Specific conditions, procedures and instructions for stopping controlled gambling and gaming activities; and
(5) Specific employee training schedules that relate to the gambling establishment's security and surveillance plan.
(c)
(1) Each security and surveillance plan must identify and comply with all state and local requirements and must implement all applicable provisions of Article 3 of this chapter. Each cardroom business licensee must submit, pursuant to paragraph (2), (3) or (4), as an attachment to its security and surveillance plan, copies of identified, applicable local ordinances and any locally-issued certificate of compliance with those ordinances.
(2) Each applicant for a cardroom business license under Chapter 2 of this Division must submit to the Bureau one copy of a current security and surveillance plan, pursuant to this section, together with those application documents required by Section 12112.
(3) Each cardroom business licensee must submit to the Bureau one copy of its current security and surveillance plan with the first biennial license renewal application that is submitted eighteen months after the effective date of this section, and with every second renewal application submitted thereafter.
(4) If a cardroom business licensee's security and surveillance plan is revised as a result of the addition of permanent tables, or as a result of any change to the physical premises which alters the locations or configurations of any restricted areas of the gambling establishment, or which alters or affects any security or surveillance capabilities or procedures, the cardroom business licensee must submit one copy of its revised security and surveillance plan with the first biennial license renewal application submitted immediately following any revision to its security and surveillance plan, and, paragraph (3) notwithstanding, with every second renewal application submitted thereafter.
(5) If the responsible local authority provides reviews of security or surveillance plans, the cardroom business licensee must send documentation of the areas reviewed by the responsible local authority and whether or not the responsible local authority approved those areas of the security and surveillance plan under the responsible local authority's jurisdiction.
(d) The Bureau will review the cardroom business licensee's security and surveillance plan, including those provisions under the responsible local authority's jurisdiction, whether reviewed by the local authority or not, and those provisions not under the responsible local authority's jurisdiction. If the Bureau determines that the cardroom business licensee's security and surveillance plan does not address the elements set forth in this section, then the Bureau may issue a determination identifying the deficiencies and specifying a time certain within which those deficiencies must be cured.
(e)
(1) Each cardroom business licensee must, at least annually, provide for a review of the requirements of the security and surveillance plan with those employees that have been assigned duties under the plan, ensuring that each employee has a general understanding of the provisions of the plan applicable to his or her position and understands his or her specific duties under the plan. This annual review must be documented, including a signature from each employee indicating that they have participated in the review and a signature from the person who provided the review.
(2) When a new employee begins work, the cardroom business licensee, or the cardroom business licensee's designate, must review the requirements of the security and surveillance plan with the new employee, ensuring that each new employee has a general understanding of the provisions of the plan applicable to his or her position and understands his or her specific duties under the plan. This initial review must be documented as provided in paragraph (1).
(f) Failure by a cardroom business licensee to develop and implement a security and surveillance plan, or to cure a deficiency identified pursuant to subsection (d), constitutes an unsuitable method of operation and also may result in denial of an application for license renewal pursuant to Section 12144, or in the suspension or revocation of its existing license pursuant to Chapter 10 of this division.
(g) In addition to any other remedy under the Act or this division, the Commission may assess a civil penalty of at least $500 but no more than $5000 for each violation of this section.

Cal. Code Regs. Tit. 4, § 12372

1. New section filed 4-6-2010; operative 5-6-2010 (Register 2010, No. 15).
2. Change without regulatory effect amending subsections (c)(2)-(3) filed 6-3-2013 pursuant to section 100, title 1, California Code of Regulations; operative 7-1-2013 in accordance with Governor's Reorganization Plan No. 2 of 2012 (Register 2013, No. 23).
3. Amendment 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 19811, 19824, 19840, 19841 and 19924, Business and Professions Code. Reference: Sections 19841, 19860, 19920 and 19924, Business and Professions Code.

1. New section filed 4-6-2010; operative 5-6-2010 (Register 2010, No. 15).
2. Change without regulatory effect amending subsections (c)(2)-(3) filed 6-3-2013 pursuant to section 100, title 1, California Code of Regulations; operative 7-1-2013 in accordance with Governor's Reorganization Plan No. 2 of 2012 (Register 2013, No. 23).
3. Amendment 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.