Cal. Code Regs. tit. 4 § 12463

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 12463 - Self-Restriction Program
(a) Cardroom business licensees must implement a program that allows patrons to self-limit their access to the gambling establishment entirely, or to the issuance of credit, check cashing, or marketing by that cardroom business licensee. That program must contain, at a minimum, the following:
(1) The development of written materials for dissemination to patrons explaining the program;
(2) The development of written forms allowing patrons to participate in the program, which may include use of a form entitled Self-Restriction Request, form CGCC-CH7-04 (New 05/20), attached in Appendix A to this chapter;
(3) Policies and procedures for maintaining and updating a list of self-restricted persons, wherein the confidentiality of the list is protected pursuant to Section 12466 and only agents or employees have access, unless needed by Bureau staff or law enforcement personnel pursuant to an investigation or in assisting in a Problem Gambling program;
(4) Policies and procedures that allow a patron to be restricted from certain controlled games or gaming activities within the gambling establishment, if the cardroom business licensee determines that the segregation of games is feasible, or from the gambling establishment completely during the term of restriction, with the exception of access for the sole purpose of carrying out the duties of employment, including:
(A) Removal procedures for patrons who attempt entry after requesting to be restricted;
(B) Maintenance of records of any incidents of removal where law enforcement is called to remove a person from the premises. The records must be accessible by Bureau staff or law enforcement personnel pursuant to an investigation; and,
(C) Forfeiture of any unredeemed jackpots or prizes won by a restricted person and the remittance of the combined value for deposit into the Gambling Addiction Program Fund for problem gambling prevention and treatment services through the State Department of Public Health, Office of Problem Gambling;
(5) Policies and procedures that allow a patron to restrict his or her access to check cashing or the issuance of credit during the term of restriction; and,
(6) Policies and procedures that allow a patron to restrict his or her inclusion on customer lists maintained by the cardroom business licensee for direct mail marketing, telephone marketing, and other direct marketing regarding gaming opportunities or promotions at the gambling establishment during the term of restriction.
(b) This section does not mandate that a cardroom business licensee provide the services of a notary public for persons who wish to complete a Self-Restriction Request form.

Cal. Code Regs. Tit. 4, § 12463

1. New section filed 1-30-2007; operative 3-5-2007 (Register 2007, No. 5).
2. Change without regulatory effect amending subsections (a)(2)-(3) and (a)(4)(B) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
3. Change without regulatory effect amending subsection (a)(2) filed 9-30-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 39).
4. Change without regulatory effect amending subsections (a), (a)(2), (a)(4), (a)(4)(C), (a)(7) and (b) filed 7-31-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 31).
5. Amendment filed 3-23-2016; operative 7-1-2016 (Register 2016, No. 13).
6. 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, 19840, 19841(o) and 19920, Business and Professions Code. Reference: Sections 19801, 19920 and 19954, Business and Professions Code; and Section 4369.4, Welfare and Institutions Code.

1. New section filed 1-30-2007; operative 3-5-2007 (Register 2007, No. 5).
2. Change without regulatory effect amending subsections (a)(2)-(3) and (a)(4)(B) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
3. Change without regulatory effect amending subsection (a)(2) filed 9-30-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 39).
4. Change without regulatory effect amending subsections (a), (a)(2), (a)(4), (a)(4)(C), (a)(7) and (b) filed 7-31-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 31).
5. Amendment filed 3-23-2016; operative 7/1/2016 (Register 2016, No. 13).
6. 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.