AB 2863: Gambling: Internet poker.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-08-18
(1)Existing law, the Gambling Control Act, provides for the licensure of certain individuals and establishments that conduct controlled games, as defined, and for the regulation of these gambling activities by the California Gambling Control Commission. The Department of Justice has related investigatory and enforcement duties under the act. Any violation of these provisions is punishable as a misdemeanor, as specified. Existing law, the Horse Racing Law, generally regulates horse racing and vests the administration and enforcement of its provisions in the California Horse Racing Board.
This bill, which would be known as the Internet Poker Consumer Protection Act of 2016, would establish a framework to authorize intrastate Internet poker, as specified. The bill would authorize eligible entities to apply for a 7-year license to operate an authorized poker Web site offering the play of authorized Internet poker games to registered players within California, as specified. The bill would require that the license be automatically renewed every 7 years upon application, as specified. The bill would prohibit the offer or play of any gambling game provided over the Internet that is not an authorized Internet poker game permitted by the state pursuant to these provisions. The bill would provide that it is unlawful for a person to aggregate computers or any other Internet access device in a place of public accommodation within the state, including a club or other association, or a public or other setting, that can accommodate multiple players to simultaneously play an authorized Internet poker game, or to promote, facilitate, or market that activity. The bill would provide that any violation of the Internet Poker Consumer Protection Act of 2016 is punishable as a felony. By creating new crimes, the bill would impose a state-mandated local program.
This bill would require the commission, and any other state agency with a duty pursuant to these provisions, in consultation with the department and federally recognized California Indian tribes, to adopt regulations within 270 days after the effective date of this bill to implement the provisions within 270 days after the operative date of this bill, in consultation with the department and federally recognized California Indian tribes, these provisions and to facilitate the operation of authorized poker Web sites and expedite the states receipt of revenues. The bill would require an eligible entity, as defined, to pay an application processing fee sufficient to cover all reasonable costs associated with the review of the entitys suitability for licensure as an operator and the issuance of the license, for deposit into the Internet Poker Fund, as created by the bill, to be continuously appropriated to the department and the commission in the amounts necessary to perform their duties pursuant to this bill. The bill would require an entity seeking to act as a service provider to apply to the commission for a service provider license, and would require a person seeking to act as a marketing affiliate to apply to the commission for a marketing affiliate license or registration before providing the services of a marketing affiliate to a licensed operator in connection with the operation of an authorized poker Web site. The bill would require these applicants to pay an application processing fee, for deposit into the Internet Poker Fund, sufficient to cover the reasonable costs associated with the issuance of a license or registration. The bill would require employees of a licensed operator or operator, a licensed service provider provider, or licensed or registered marketing affiliate to obtain employee work permits, and owners, officers, and directors of a licensed operator to be subject to a suitability review and obtain employee work permits. The bill would prohibit the commission from granting an applicant a service provider license until January 1, 2021, if the applicant accepted a bet or wager of any form on Internet gambling, as specified, between December 31, 2006, and December 31, 2011, from a person located in the United States and without a license or authority pursuant to comparable federal or state law in the jurisdiction where the bet or wager was made or the facilitation of the wager or financial transaction occurred. The bill, notwithstanding that provision, would authorize an applicant for a service provider license who meets the description above to obtain a service provider license before January 1, 2021, if the applicant pays a one-time fee in the amount of $20,000,000, to be deposited into the General Fund, and otherwise meets the qualifications and suitability criteria under these provisions. The bill would prohibit an applicant for a service provider license that is found unsuitable as a covered person, as defined, from being eligible to be found suitable for a service provider license until January 1, 2022, and would prohibit, during this waiting period, the applicant or any other person from using any covered asset, as defined, in this state. The bill would require an agreement between a licensed operator and a service provider that is a California-owned and operated horse racing association to ensure that at least 50% of the gross gaming revenue that the licensed operator derives from the service provided by the service provider is paid to the service provider. The bill would establish a tribal gaming regulatory authority process for the purpose of processing tribal employee work permits, and authorize a tribe that is a licensed operator to elect to participate in the tribal gaming regulatory authority process.
This bill would require the payment of an annual regulatory fee, for deposit into the Internet Poker Fund, to be continuously appropriated for the actual costs of license oversight, consumer protection, state regulation, and other purposes related to this bill. The bill would require each licensee licensed operator to pay a one-time license deposit in the amount of $12,500,000 for deposit into the General Fund. The bill would require each licensed operator to remit to the Treasurer on an annual a quarterly basis for deposit in the General Fund a specified percentage 10% of its gross gaming revenues pursuant to the applicable rate percent, as specified. revenues, as specified. One-half of the one-time license deposit would be credited against the annual quarterly charge on gross gaming revenues. The bill would require the commission to administer and collect this annual quarterly charge pursuant to the procedures set forth in the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program. The bill would require an applicant for an operator license to provide documentation establishing that the applicant is qualified to pay the one-time license deposit through its own net position or through credit directly to the applicant, as specified. The bill would require up to $57,000,000 of the moneys collected each fiscal year pursuant to the license deposit and annual fees provisions to be deposited into the California Horse Racing Internet Poker Account, which the bill would establish in the General Fund. The bill would continuously appropriate the funds in the account to the California Horse Racing Board for distribution, as specified. The bill would require up to $3,000,000 of the moneys collected each fiscal year pursuant to the license deposit and annual fees provisions to be transferred to the State Treasury to the credit of the Fair and Exposition Fund, a continuously appropriated fund, to the benefit of state designated fairs, as specified.
This bill would establish the Unlawful Gambling Enforcement Fund within the General Fund for purposes of ensuring adequate resources for law enforcement charged with enforcing the prohibitions and protections of the provisions described above. The bill would authorize the Attorney General, and other public prosecutors, as specified, to bring a civil action to recover a civil penalty in an unspecified amount penalty, in an amount to be determined by the court based on specified factors, and, at the discretion of the court, restitution payable to any person injured as a result of the violation, against a person who engages in those prohibited activities described above, or other specified unlawful gambling activities in connection with the use of an Internet access device. The bill would provide for an unspecified percentage of require the revenues from certain civil penalties collected to be deposited into the fund Unlawful Gambling Enforcement Fund and used would authorize up to $10,000,000 of those moneys, upon appropriation by the Legislature, to be annually expended by the Attorney General, for law enforcement activities pursuant to these provisions, upon appropriation by the Legislature. provisions.
This bill would require the commission, in consultation with the department, the Treasurer, and the Franchise Tax Board, to issue a report to the Legislature describing the states efforts to meet the policy goals articulated in this bill within one year of the operative date of this bill and annually thereafter. The bill would also require the Bureau of State Audits, at least 4 years after the issue date of any license by the state, but no later than 5 years after that date, to issue a report to the Legislature detailing the implementation of this bill, as specified.
The bill would provide that specified provisions are not severable, and would repeal its provisions on January 1, 2024. severable.
(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(4)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law, the Gambling Control Act, provides for the licensure of certain individuals and establishments that conduct controlled games, as defined, and for the regulation of these gambling activities by the California Gambling Control Commission. The Department of Justice has related investigatory and enforcement duties under the act. Any violation of these provisions is punishable as a misdemeanor, as specified. Existing law, the Horse Racing Law, generally regulates horse racing and vests the administration and enforcement of its provisions in the California Horse Racing Board.
This bill, which would be known as the Internet Poker Consumer Protection Act of 2016, would establish a framework to authorize intrastate Internet poker, as specified. The bill would authorize eligible entities to apply for a 7-year license to operate an authorized poker Web site offering the play of authorized Internet poker games to registered players within California, as specified. The bill would require that the license be automatically renewed every 7 years upon application, as specified. The bill would prohibit the offer or play of any gambling game provided over the Internet that is not an authorized Internet poker game permitted by the state pursuant to these provisions. The bill would provide that it is unlawful for a person to aggregate computers or any other Internet access device in a place of public accommodation within the state, including a club or other association, or a public or other setting, that can accommodate multiple players to simultaneously play an authorized Internet poker game, or to promote, facilitate, or market that activity. The bill would provide that any violation of the Internet Poker Consumer Protection Act of 2016 is punishable as a felony. By creating new crimes, the bill would impose a state-mandated local program.
This bill would require the commission, and any other state agency with a duty pursuant to these provisions, to adopt regulations to implement the provisions within 270 days after the operative date of this bill, in consultation with the department and federally recognized California Indian tribes, and to facilitate the operation of authorized poker Web sites and expedite the states receipt of revenues. The bill would require an eligible entity, as defined, to pay an application processing fee sufficient to cover all reasonable costs associated with the review of the entitys suitability for licensure and the issuance of the license, for deposit into the Internet Poker Fund, as created by the bill, to be continuously appropriated to the department and the commission in the amounts necessary to perform their duties pursuant to this bill. The bill would require an entity seeking to act as a service provider to apply for a service provider license, employees of a licensed operator or a licensed service provider to obtain employee work permits, and owners, officers, and directors of a licensed operator to be subject to a suitability review and obtain employee work permits. The bill would prohibit the commission from granting an applicant a service provider license until January 1, 2021, if the applicant accepted a bet or wager of any form on Internet gambling, as specified, between December 31, 2006, and December 31, 2011, from a person located in the United States and without a license or authority pursuant to comparable federal or state law in the jurisdiction where the bet or wager was made or the facilitation of the wager or financial transaction occurred. The bill, notwithstanding that provision, would authorize an applicant for a service provider license who meets the description above to obtain a service provider license before January 1, 2021, if the applicant pays a one-time fee in the amount of $20,000,000, to be deposited into the General Fund, and otherwise meets the qualifications and suitability criteria under these provisions. The bill would require an agreement between a licensed operator and a service provider that is a California-owned and operated horse racing association to ensure that at least 50% of the gross gaming revenue that the licensed operator derives from the service provided by the service provider is paid to the service provider. The bill would establish a tribal gaming regulatory authority process for the purpose of processing tribal employee work permits, and authorize a tribe that is a licensed operator to elect to participate in the tribal gaming regulatory authority process.
This bill would require the payment of an annual regulatory fee, for deposit into the Internet Poker Fund, to be continuously appropriated for the actual costs of license oversight, consumer protection, state regulation, and other purposes related to this bill. The bill would require each licensee to pay a one-time license deposit in the amount of $12,500,000 for deposit into the General Fund. The bill would require each licensed operator to remit to the Treasurer on an annual basis for deposit in the General Fund a specified percentage of its gross gaming revenues pursuant to the applicable rate percent, as specified. One-half of the one-time license deposit would be credited against the annual charge on gross gaming revenues. The bill would require the commission to administer and collect this annual charge pursuant to the procedures set forth in the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program. The bill would require an applicant for an operator license to provide documentation establishing that the applicant is qualified to pay the one-time license deposit through its own net position or through credit directly to the applicant, as specified. The bill would require the first $60,000,000 up to $57,000,000 of the moneys collected each fiscal year pursuant to the license deposit and quarterly annual fees provisions to be deposited into the California Horse Racing Internet Poker Account, which the bill would establish in the General Fund. The bill would continuously appropriate 95% of the funds in the account to the California Horse Racing Board for distribution, as specified, and would transfer 5% of those funds to specified. The bill would require up to $3,000,000 of the moneys collected each fiscal year pursuant to the license deposit and annual fees provisions to be transferred to the State Treasury to the credit of the Fair and Exposition Fund, a continuously appropriated fund. fund, to the benefit of state designated fairs, as specified.
This bill would establish the Unlawful Gambling Enforcement Fund within the General Fund for purposes of ensuring adequate resources for law enforcement charged with enforcing the prohibitions and protections of the provisions described above. The bill would authorize the Attorney General, and other public prosecutors, as specified, to bring a civil action to recover a civil penalty in an unspecified amount against a person who engages in those prohibited activities described above, or other specified unlawful gambling activities in connection with the use of an Internet access device. The bill would provide for an unspecified percentage of revenues from civil penalties collected to be deposited into the fund and used for law enforcement activities pursuant to these provisions, upon appropriation by the Legislature.
This bill would require the commission, in consultation with the department, the Treasurer, and the Franchise Tax Board, to issue a report to the Legislature describing the states efforts to meet the policy goals articulated in this bill within one year of the operative date of this bill and, annually, and annually thereafter. The bill would also require the Bureau of State Audits, at least 4 years after the issue date of any license by the state, but no later than 5 years after that date, to issue a report to the Legislature detailing the implementation of this bill, as specified.
The bill would provide that specified provisions are not severable, and would repeal its provisions on January 1, 2024.
(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(4)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law, the Gambling Control Act, provides for the licensure of certain individuals and establishments that conduct controlled games, as defined, and for the regulation of these gambling activities by the California Gambling Control Commission. The Department of Justice has related investigatory and enforcement duties under the act. Any violation of these provisions is punishable as a misdemeanor, as specified. Existing law, the Horse Racing Law, generally regulates horse racing and vests the administration and enforcement of its provisions in the California Horse Racing Board.
This bill, which would be known as the Internet Poker Consumer Protection Act of 2016, would establish a framework to authorize intrastate Internet poker, as specified. The bill would authorize eligible entities to apply for a 7-year license to operate an authorized poker Web site offering the play of authorized Internet poker games to registered players within California, as specified. The bill would require that the license be automatically renewed every 7 years upon application, as specified. The bill would prohibit the offer or play of any gambling game provided over the Internet that is not an authorized Internet poker game permitted by the state pursuant to these provisions. The bill would provide that it is unlawful for a person to aggregate computers or any other Internet access device in a place of public accommodation within the state, including a club or other association, or a public or other setting, that can accommodate multiple players to simultaneously play an authorized Internet poker game, or to promote, facilitate, or market that activity. The bill would provide that any violation of the Internet Poker Consumer Protection Act of 2016 is punishable as a felony. By creating new crimes, the bill would impose a state-mandated local program.
This bill would require the commission, and any other state agency with a duty pursuant to these provisions, to adopt regulations to implement the provisions within 270 days after the operative date of this bill, in consultation with the department and federally recognized California Indian tribes, and to facilitate the operation of authorized poker Web sites and expedite the states receipt of revenues. The bill would require an eligible entity, as defined, to pay an application processing fee sufficient to cover all reasonable costs associated with the review of the entitys suitability for licensure and the issuance of the license, for deposit into the Internet Poker Fund, as created by the bill, to be continuously appropriated to the department and the commission in the amounts necessary to perform their duties pursuant to this bill. The bill would require an entity seeking to act as a service provider to apply for a service provider license, employees of a licensed operator or a licensed service provider to obtain employee work permits, and owners, officers, and directors of a licensed operator to be subject to a suitability review and obtain employee work permits. The bill would require an agreement between a licensed operator and a service provider that is a California-owned and operated horse racing association to ensure that at least 50% of the gross gaming revenue that the licensed operator derives from the service provided by the service provider is paid to the service provider. The bill would establish a tribal gaming regulatory authority process for the purpose of processing tribal employee work permits, and authorize a tribe that is a licensed operator to elect to participate in the tribal gaming regulatory authority process.
This bill would require the payment of an annual regulatory fee, for deposit into the Internet Poker Fund, to be continuously appropriated for the actual costs of license oversight, consumer protection, state regulation, and other purposes related to this bill. The bill would require each licensee to pay a one-time license deposit in the amount of $12,500,000 for deposit into the General Fund in an unspecified amount. The license deposit would be credited against quarterly fees equivalent to an unspecified percentage of the licensees gross gaming revenue proceeds, as specified. Fund. The bill would require each licensed operator to remit to the Treasurer on an annual basis for deposit in the General Fund a specified percentage of its gross gaming revenues pursuant to the applicable rate percent, as specified. The bill would require the commission to administer and collect this annual charge pursuant to the procedures set forth in the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program. The bill would require an applicant for an operator license to provide documentation establishing that the applicant is qualified to pay the one-time license deposit through its own net position or through credit directly to the applicant, as specified. The bill would require the first $60,000,000 collected each fiscal year pursuant to the license deposit and quarterly fees provisions to be deposited into the California Horse Racing Internet Poker Account, which the bill would establish in the General Fund. Upon becoming operative, the The bill would continuously appropriate 95% of the funds in the account to the California Horse Racing Board for distribution, as specified, and would transfer 5% of those funds to the Fair and Exposition Fund, a continuously appropriated fund.
This bill would establish the Unlawful Gambling Enforcement Fund within the General Fund for purposes of ensuring adequate resources for law enforcement charged with enforcing the prohibitions and protections of the provisions described above. The bill would authorize the Attorney General, and other public prosecutors, as specified, to bring a civil action to recover a civil penalty in an unspecified amount against a person who engages in those prohibited activities described above, or other specified unlawful gambling activities in connection with the use of an Internet access device. The bill would provide for an unspecified percentage of revenues from civil penalties collected to be deposited into the fund and used for law enforcement activities pursuant to these provisions, upon appropriation by the Legislature.
This bill would require the commission, in consultation with the department, the Treasurer, and the Franchise Tax Board, to issue a report to the Legislature describing the states efforts to meet the policy goals articulated in this bill within one year of the operative date of this bill and, annually, thereafter. The bill would also require the Bureau of State Audits, at least 4 years after the issue date of any license by the state, but no later than 5 years after that date, to issue a report to the Legislature detailing the implementation of this bill, as specified.
The bill would provide that specified provisions are not severable, and would repeal its provisions on January 1, 2024.
The bill would become operative when criteria are established by statute addressing involvement in Internet betting prior to the states authorization of Internet poker pursuant to its provisions.
(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(4)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law, the Gambling Control Act, provides for the licensure of certain individuals and establishments that conduct controlled games, as defined, and for the regulation of these gambling activities by the California Gambling Control Commission. The Department of Justice has related investigatory and enforcement duties under the act. Any violation of these provisions is punishable as a misdemeanor, as specified. Existing law, the Horse Racing Law, generally regulates horse racing and vests the administration and enforcement of its provisions in the California Horse Racing Board.
This bill, which would be known as the Internet Poker Consumer Protection Act of 2016, would establish a framework to authorize intrastate Internet poker, as specified. The bill would authorize eligible entities to apply for a 7-year license to operate an authorized poker Web site offering the play of authorized Internet poker games to registered players within California, as specified. The bill would require that the license be automatically renewed every 7 years upon application, as specified. The bill would prohibit the offer or play of any gambling game provided over the Internet that is not an authorized Internet poker game permitted by the state pursuant to these provisions. The bill would provide that it is unlawful for a person to aggregate computers or any other Internet access device in a place of public accommodation within the state, including a club or other association, or a public or other setting, that can accommodate multiple players to simultaneously play an authorized Internet poker game, or to promote, facilitate, or market that activity. The bill would provide that any violation of the Internet Poker Consumer Protection Act of 2016 is punishable as a felony. By creating new crimes, the bill would impose a state-mandated local program.
This bill would require the commission, and any other state agency with a duty pursuant to these provisions, to adopt regulations to implement the provisions within 270 days after the operative date of this bill, in consultation with the department and federally recognized California Indian tribes, and to facilitate the operation of authorized poker Web sites and expedite the states receipt of revenues. The bill would require an eligible entity, as defined, to pay an application processing fee sufficient to cover all reasonable costs associated with the review of the entitys suitability for licensure and the issuance of the license, for deposit into the Internet Poker Fund, as created by the bill, to be continuously appropriated to the department and the commission in the amounts necessary to perform their duties pursuant to this bill. The bill would require an entity seeking to act as a service provider to apply for a service provider license, employees of a licensed operator or a licensed service provider to obtain employee work permits, and owners, officers, and directors of a licensed operator to be subject to a suitability review and obtain employee work permits. The bill would require an agreement between a licensed operator and a service provider that is a California-owned and operated horse racing association to ensure that at least 50% of the gross gaming revenue that the licensed operator derives from the service provided by the service provider is paid to the service provider. The bill would establish a tribal gaming regulatory authority process for the purpose of processing tribal employee work permits, and authorize a tribe that is a licensed operator to elect to participate in the tribal gaming regulatory authority process.
This bill would require the payment of an annual regulatory fee, for deposit into the Internet Poker Fund, to be continuously appropriated for the actual costs of license oversight, consumer protection, state regulation, and other purposes related to this bill. The bill would require each licensee to pay a one-time license deposit into the General Fund in an unspecified amount. The license deposit would be credited against quarterly fees equivalent to an unspecified percentage of the licensees gross gaming revenue proceeds, as specified. The bill would require an applicant for an operator license to provide documentation establishing that the applicant is qualified to pay the one-time license deposit through its own net position or through credit directly to the applicant, as specified. The bill would require the first $60,000,000 collected each fiscal year pursuant to the license deposit and quarterly fees provisions to be deposited into the California Horse Racing Internet Poker Account, which the bill would establish in the General Fund. The Upon becoming operative, the bill would continuously appropriate 95% of the funds in the account to the California Horse Racing Board for distribution, as specified, and would transfer 5% of those funds to the Fair and Exposition Fund, a continuously appropriated fund.
This bill would establish the Unlawful Gambling Enforcement Fund within the General Fund for purposes of ensuring adequate resources for law enforcement charged with enforcing the prohibitions and protections of the provisions described above. The bill would authorize the Attorney General, and other public prosecutors, as specified, to bring a civil action to recover a civil penalty in an unspecified amount against a person who engages in those prohibited activities described above, or other specified unlawful gambling activities in connection with the use of an Internet access device. The bill would provide for an unspecified percentage of revenues from civil penalties collected to be deposited into the fund and used for law enforcement activities pursuant to these provisions, upon appropriation by the Legislature.
This bill would require the commission, in consultation with the department, the Treasurer, and the Franchise Tax Board, to issue a report to the Legislature describing the states efforts to meet the policy goals articulated in this bill within one year of the operative date of this bill and, annually, thereafter. The bill would also require the Bureau of State Audits, at least 4 years after the issue date of any license by the state, but no later than 5 years after that date, to issue a report to the Legislature detailing the implementation of this bill, as specified.
The bill would provide that specified provisions are not severable, and would repeal its provisions on January 1, 2024.
The bill would become operative when criteria are established by statute addressing involvement in Internet betting prior to the states authorization of Internet poker pursuant to its provisions.
(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(4)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law, the Gambling Control Act, provides for the licensure of certain individuals and establishments that conduct controlled games, as defined, and for the regulation of these gambling activities by the California Gambling Control Commission. The Department of Justice has related investigatory and enforcement duties under the act. Any violation of these provisions is punishable as a misdemeanor, as specified. Existing law, the Horse Racing Law, generally regulates horse racing and vests the administration and enforcement of its provisions in the California Horse Racing Board.
This bill, which would be known as the Internet Poker Consumer Protection Act of 2016, would establish a framework to authorize intrastate Internet poker, as specified. The bill would authorize eligible entities to apply for a 7-year license to operate an authorized poker Web site offering the play of authorized Internet poker games to registered players within California, as specified. The bill would require that the license be automatically renewed every 7 years upon application, as specified. The bill would prohibit the offer or play of any gambling game provided over the Internet that is not an authorized Internet poker game permitted by the state pursuant to these provisions. The bill would provide that it is unlawful for a person to aggregate computers or any other Internet access device in a place of public accommodation within the state, including a club or other association, or a public or other setting, that can accommodate multiple players to simultaneously play an authorized Internet poker game, or to promote, facilitate, or market that activity. The bill would provide that any violation of the Internet Poker Consumer Protection Act of 2016 is punishable as a felony. By creating new crimes, the bill would impose a state-mandated local program.
This bill would require the commission, and any other state agency with a duty pursuant to these provisions, to adopt regulations to implement the provisions within 270 days after the operative date of this bill, in consultation with the department and federally recognized California Indian tribes, and to facilitate the operation of authorized poker Web sites and expedite the states receipt of revenues. The bill would require an eligible entity, as defined, to pay an application processing fee sufficient to cover all reasonable costs associated with the review of the entitys suitability for licensure and the issuance of the license, for deposit into the Internet Poker Fund, as created by the bill, to be continuously appropriated to the department and the commission in the amounts necessary to perform their duties pursuant to this bill. The bill would require an entity seeking to act as a service provider to apply for a service provider license, employees of a licensed operator or a licensed service provider to obtain employee work permits, and owners, officers, and directors of a licensed operator to be subject to a suitability review and obtain employee work permits. The bill would require an agreement between a licensed operator and a service provider that is a California-owned and operated horse racing association to ensure that at least 50% of the gross gaming revenue that the licensed operator derives from the service provided by the service provider is paid to the service provider. The bill would establish a tribal gaming regulatory authority process for the purpose of processing tribal employee work permits, and authorize a tribe that is a licensed operator to elect to participate in the tribal gaming regulatory authority process.
This bill would require the payment of an annual regulatory fee, for deposit into the Internet Poker Fund, to be continuously appropriated for the actual costs of license oversight, consumer protection, state regulation, and other purposes related to this bill. The bill would require each licensee to pay a one-time license deposit into the General Fund in an unspecified amount. The license deposit would be credited against quarterly fees equivalent to an unspecified percentage of the licensees gross gaming revenue proceeds, as specified. The bill would require an applicant for an operator license to provide documentation establishing that the applicant is qualified to pay the one-time license deposit through its own net position or through credit directly to the applicant, as specified. The bill would require the first $60,000,000 collected each fiscal year pursuant to the license deposit and quarterly fees provisions to be deposited into the California Horse Racing Internet Poker Account, which the bill would establish in the General Fund. The bill would continuously appropriate 95% of the funds in the account to the California Horse Racing Board for distribution, as specified, and would transfer 5% of those funds to the Fair and Exposition Fund, a continuously appropriated fund.
This bill would establish the Unlawful Gambling Enforcement Fund within the General Fund for purposes of ensuring adequate resources for law enforcement charged with enforcing the prohibitions and protections of the provisions described above. The bill would authorize the Attorney General, and other public prosecutors, as specified, to bring a civil action to recover a civil penalty in an unspecified amount against a person who engages in those prohibited activities described above, or other specified unlawful gambling activities in connection with the use of an Internet access device. The bill would provide for an unspecified percentage of revenues from civil penalties collected to be deposited into the fund and used for law enforcement activities pursuant to these provisions, upon appropriation by the Legislature.
This bill would require the commission, in consultation with the department, the Treasurer, and the Franchise Tax Board, to issue a report to the Legislature describing the states efforts to meet the policy goals articulated in this bill within one year of the operative date of this bill and, annually, thereafter. The bill would also require the Bureau of State Audits, at least 4 years after the issue date of any license by the state, but no later than 5 years after that date, to issue a report to the Legislature detailing the implementation of this bill, as specified.
The bill would provide that specified provisions are not severable, and would repeal its provisions on January 1, 2024.
(2)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(4)This bill would declare that it is to take effect immediately as an urgency statute.
The moneys collected each fiscal year pursuant to subdivisions (a) and (b) of Section 19990.519 shall be deposited as follows:
(a)Eighty-five percent, in an amount not to exceed fifty-seven million dollars ($57,000,000), in the California Horse Racing Internet Poker Account, which is hereby created in the General Fund. Notwithstanding Section 13340 of the Government Code, the funds in the California Horse Racing Internet Poker Account are continuously appropriated to the board, which shall annually distribute the funds in the California Horse Racing Internet Poker Account according to all of the following:
(1)One and three-twentieths percent to the defined contribution retirement plan for California-licensed jockeys established pursuant to paragraph (1) of subdivision (i) of Section 19604 and administered as specified in this chapter.
(2)One and three-twentieths percent to provide health and welfare benefits for California-licensed jockeys, former California-licensed jockeys, and their dependents pursuant to Section 19612.9.
(3)Two and three-tenths percent to supplement the pension plan for parimutuel employees administered on behalf of the labor organization that has historically represented the employees who accept or process any form of wagering at the horse racing meetings and for other entities licensed to conduct wagering on horse races in California. Moneys distributed pursuant to this paragraph shall supplement, and not supplant, moneys distributed to that fund pursuant to this chapter or any other law.
(4)Ninety-five and four-tenths percent to racing associations or fairs as commissions, to horsemen participating in the racing meeting in the form of purses, and as incentive awards, in the same relative proportion as they were generated or earned at each racing association or fair on races conducted or imported by that racing association or fair during the prior calendar year. Notwithstanding any other law, the distributions with respect to each breed of racing may be altered upon the approval of the board, in accordance with an agreement signed by the respective associations, fairs, horsemens organizations, and breeders organizations receiving those distributions.
(b)Five percent, in an amount not to exceed three million dollars ($3,000,000), to the State Treasury to the credit of the Fair and Exposition Fund, to be deposited in the separate account in the fund specified in Section 19606.1 to benefit state designated fairs as defined in Sections 19418, 19418.1, 19418.2, and 19418.3. Revenues deposited into the separate account in the fund pursuant to this section, notwithstanding Section 19606.1 or any other law to the contrary, shall be allocated only to fairs in Class I to IV+, inclusive, as classified by the department pursuant to Section 4507 of the Food and Agricultural Code.
SEC. 2.Chapter 5.2 (commencing with Section 19990.101) is added to Division 8 of the Business and Professions Code, to read:5.2.The Internet Poker Consumer Protection Act of 20161.Title and Legislative Declarations19990.101.This chapter shall be known and may be cited as the Internet Poker Consumer Protection Act of 2016.
19990.102.The Legislature hereby finds and declares all of the following:
(a)In October 2006, the United States Congress passed the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) (31 U.S.C. Secs. 5361 et seq.), which generally prohibits the use of banking instruments, including credit cards, checks, and fund transfers, for interstate Internet gambling.
(b)UIGEA essentially prohibits online gambling by United States citizens, but includes exceptions that permit individual states to create a regulatory framework to enable intrastate Internet gambling, if the bets or wagers are made exclusively within a single state under certain circumstances.
(c)This chapter shall only authorize poker games to be played via the Internet. No other game may be played via the Internet pursuant to this chapter.
2.Definitions19990.201.For the purposes of this chapter, the following words have the following meanings:
(a)Authorized Internet poker game means any of several card games, duly authorized by the department and played on an authorized poker Web site, that meet the definition of poker as specified by this section.
(b)Authorized poker Web site means a an Internet Web site on which authorized Internet poker games are offered for play by a licensed operator pursuant to this chapter.
(c)Background investigation means a process of reviewing and compiling personal and criminal history and financial information through inquiries of various law enforcement and public sources to establish a persons qualifications and suitability for any necessary license or employee work permit issued pursuant to this chapter.
(d)Bet means the placement of a wager in a game.
(e)Card room means a gambling enterprise, as defined in subdivision (m) of Section 19805.
(f)Commission means the California Gambling Control Commission.
(g)Core functions and core functioning mean any of the following:
(1)The management, administration, or control of bets on authorized Internet poker games.
(2)The management, administration, or control of the games with which those bets are associated.
(3)The development, maintenance, provision, or operation of a gaming system.
(h)Corporate affiliate means any person controlled by, controlling, or under common ownership with, another person or entity. A person or entity will be deemed to control another person or entity if it possesses, directly or indirectly, the power to direct the management or policies of the other entity, whether through ownership of voting interests or otherwise, or if, regardless of whether or not it has that power, it holds 10 percent or more of the ownership or control of the other entity, whether as a stockholder, partner, member, trust interest, or otherwise.
(i)Covered asset means any tangible or intangible asset specifically designed for use in, and used in connection with, the operation of an interactive gaming facility that, after December 31, 2006, knowingly and intentionally operated interactive gaming that involved patrons located in the United States, unless and to the extent that activity was licensed at all times by a state or the federal government, including, without limitation, all of the following:
(1)Any trademark, trade name, service mark, or similar intellectual property under which an interactive gaming facility was identified to the patrons of the interactive gaming facility.
(2)Any information regarding persons via a database, customer list, or any derivative of a database or customer list.
(3)Any software or hardware relating to the management, administration, development, testing, or control of an interactive gaming facility.
(j)Covered person means any person who meets any of the following criteria:
(1)Has at any time owned, in whole or in significant part, an interactive gaming facility or an entity operating an interactive gaming facility that, after December 31, 2006, knowingly and intentionally operated interactive gaming that involved patrons located in the United States, unless and to the extent that activity was licensed at all times by a state or the federal government.
(2)After December 31, 2006, acted, or proposed to act, on behalf of a person described in paragraph (1) and knowingly and intentionally provided, or proposed to provide, to that person any services as an interactive gaming service provider with knowledge that the interactive gaming facilitys operation of interactive gaming involved patrons located in the United States.
(3)Purchased or acquired, directly or indirectly, either of the following:
(A)In whole or in significant part, a person described in paragraph (1) or (2).
(B)Any covered assets, in whole or in part, from a person described in paragraph (1) or (2).
(i)
(k)Department means the Department of Justice.
(j)
(l)Determination of suitability or suitability review means the process, including, but not limited to, conducting a background investigation, to determine whether an applicant for a license or employee work permit issued pursuant to this chapter meets the qualification criteria described in this chapter or whether the applicant is disqualified on any of the grounds specified in this chapter.
(k)
(m)(1)(A)Eligible entity includes both of the following:
(i)A card room that operates pursuant to Chapter 5 (commencing with Section 19800) whose owner or owners have been authorized, subject to oversight by, and in good standing with, the applicable state regulatory authorities.
(ii)A federally recognized California Indian tribe that operates a gaming facility pursuant to a facility license issued in accordance with a tribal gaming ordinance approved by the Chair of the National Indian Gaming Commission and that is eligible to conduct real-money poker at that facility.
(B)An entity identified in this paragraph shall have operated its land-based gaming facility for at least three years immediately preceding its application to secure a license to operate an Internet poker Web site pursuant to this chapter, and shall be have been in good standing during that time period with the applicable federal, state, and tribal regulatory authorities. An incorporation or other change in legal form or ownership during the five years immediately preceding its application to secure a license to operate an Internet poker Web site pursuant to this chapter that did not alter the beneficial ownership of the card room shall not disqualify from licensure a card room that is otherwise eligible for licensure.
(2)A group consisting of any combination of tribes and card rooms is eligible to jointly apply for a license pursuant to this chapter, through an entity organized under state or federal law, if each entity within the group independently satisfies the requisite eligibility requirements identified in this chapter.
(3)(A)Subject to any applicable limited waiver of sovereign immunity as set forth in subdivision (d) of Section 19990.402, this chapter does not restrict a tribal licensee from participating as an instrumentality of a tribal government or a political subdivision of a tribe, or from forming a separate business entity organized under federal, state, or tribal law.
(B)This chapter does not restrict a card room or the card rooms owners from forming a separate business entity to apply for or hold any license issued under this chapter. The beneficial owners of that separate business entity shall be limited to the card room or the card rooms owners, including ownership transfers approved under Section 19990.522. A separate business entity described in this subparagraph is an eligible entity under this chapter and may claim the operating experience of the card room in order to satisfy the experience requirement described in subparagraph (B) of paragraph (1).
(4)A tribe that operates a gaming facility that accepts bets from players within this state but who are not physically present on Indian lands when making those bets is not an eligible entity, unless those bets are accepted on authorized Internet poker games played on an authorized poker Web site.
(l)
(n)Employee means any natural person employed in, or serving as a consultant or independent contractor with respect to, the core functioning of the actual operation of an authorized poker Web site.
(m)
(o)Employee work permit means a permit issued to an employee of the licensed operator or a service provider, or to a nonemployee owner, officer, or director of a licensed operator, by the commission pursuant to this chapter.
(n)
(p)Gambling means to deal, operate, carry on, conduct, maintain, or expose for play any game for money.
(o)
(q)Game means any gambling game.
(p)
(r)Gaming system means the technology, including hardware and software, used by a licensee to facilitate the offering of authorized Internet poker games to registered players.
(q)
(s)Good standing means that a person has not had a gambling license suspended or revoked by a final decision of the commission or been finally ordered by a court of competent jurisdiction to cease conducting gaming activities.
(r)
(t)(1)Gross gaming revenues means the total amount of moneys paid by players to the operator to participate in authorized games before deducting the cost of operating those activities except for fees to marketing affiliates and payment processing fees.
(2)Gross gaming revenues do not include player account deposits or amounts bet, including tournament entry charges, except to the extent any portion of those bets are retained as fees by the operator, discounts on goods or services, rebates or promotional discounts or stakes provided to players, or revenues from nongaming sources, such as from food, beverages, souvenirs, advertising, clothing, and other nongaming sources.
(s)
(u)IGRA means the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.).
(t)
(v)Initial operator license means an operator license that is issued pursuant to subdivision (h) of Section 19990.402.
(w)Interactive gaming means the conduct of gambling games through the use of communications technology that allows a person, utilizing money, checks, electronic checks, electronic transfers of money, credit cards, debit cards, or any other instrumentality, to transmit information to a computer to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes, or other similar information. As used in this section, communications technology means any method used, and the components employed by, an establishment to facilitate the transmission of information, including, but not limited to, transmission and reception by systems based on wire, cable, radio, microwave, light, optics, or computer data networks, including, but not limited to, the Internet and intranets.
(x)Interactive gaming facility means an Internet Web site, or similar communications facility in which transmissions may cross any states boundaries, through which a person operates interactive gaming through the use of communications technology.
(y)Interactive service provider means a person who acts on behalf of an establishment licensed to operate interactive gaming and does any of the following:
(1)Manages, administers, or controls wagers that are initiated, received, or made on an interactive gaming system.
(2)Manages, administers, or controls the games with which wagers that are initiated, received, or made on an interactive gaming system are associated.
(3)Maintains or operates the software or hardware of an interactive gaming system.
(4)Provides products, services, information, or assets to an establishment licensed in any state to operate interactive gaming and receives for that a percentage of gaming revenue from the establishments interactive gaming system.
(u)
(z)Internet access device means a personal computer or mobile communications device used for connecting to the Internet.
(v)
(aa)Internet Poker Fund means the fund established pursuant to Section 19990.801.
(w)
(ab)Intrastate means within the borders and jurisdiction of California.
(x)
(ac)Key employee means any natural person employed by a licensed operator, service provider, or marketing affiliate, or by a holding or intermediary company of a licensed operator, service provider, or marketing affiliate, who is an officer or director of the licensed operator or service provider, or who, in the judgment of the commission, has the authority to exercise significant influence over decisions concerning the operation of the licensed operator or service provider as that operation relates to the Internet poker authorized by this chapter.
(y)
(ad)Land-based gaming facility means a gambling establishment, as defined in subdivision (o) of Section 19805, that is operated pursuant to Chapter 5 (commencing with Section 19800), or a casino operated by a tribe on Indian land in California.
(z)
(ae)Licensed operator means an eligible entity licensed pursuant to this chapter to offer the play of authorized Internet poker games to registered players on an authorized poker Web site.
(aa)
(af)Licensed service provider means a person licensed pursuant to this chapter to provide certain goods or services services, as determined by the commission, to a licensed operator for use in the operation of an authorized poker Web site.
(ab)
(ag)Licensee means a licensed operator or operator, licensed service provider. provider, or licensed marketing affiliate.
(ah)(1)Marketing affiliate means either of the following:
(A)A person other than a licensed operator or service provider who, for a fee or other consideration, provides or refers players to a licensed operators authorized poker Web site.
(B)A subaffiliate of a person described in subparagraph (A) who, for a fee or other consideration, provides or refers players to a licensed operators authorized poker Web site.
(2)Marketing affiliate does not include a provider of goods and services who provides similar advertising or marketing predominantly for purposes other than for gambling activities for the same rates, fees, costs, pay per impression, or click as charged a nongambling business and is not otherwise directly or indirectly involved in the operation of an authorized poker Web site.
(ac)
(ai)Net position means the residual difference between assets and liabilities, as defined by generally accepted accounting principles.
(ad)
(aj)Online self-exclusion form means a form on which an individual notifies a licensed operator that he or she must be excluded from participation in authorized Internet poker games for a stated period of time.
(ae)
(ak)Owner means any person that is eligible to own a land-based gaming facility in California and that has a financial interest in, or control of, a person or entity required to be found suitable under this chapter, including shareholders, partners, and members of limited liability companies holding more than 10 percent of the equity or voting control of the person or entity and any person found by the commission to be exerting management or control of the person or entity in fact. An owner of a licensed operator shall include only those persons eligible to own a land-based gaming facility in California. Owner does not include the members or government officials of a tribe.
(af)
(al)Per hand charge means the amount charged by the licensed operator for registered players to play in a per hand game.
(ag)
(am)Per hand game means an authorized Internet poker game for which the licensed operator charges the player for each hand played.
(ah)
(an)Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity, including any federally recognized California Indian tribe, or an entity that is wholly owned by the tribe.
(ai)
(ao)Play-for-fun game means a version of a lawfully played gambling game game, including, but not limited to, a game of poker played over the Internet, in which there is no requirement to pay to play or any possibility of winning any prize or other consideration of or value, including, but not limited to, games offered only for purposes of training, education, marketing, or amusement.
(aj)
(ap)Play-for-free game means a version of a lawfully played gambling game game, including, but not limited to, a game of poker played over the Internet, that may include prizes or pots, without requiring or allowing a fee or other consideration for the right to play. play the game or any aspect of the game.
(ak)
(aq)Play settings means the options and default parameters made available by a licensed operator to a registered player in the play of authorized Internet poker games.
(al)
(ar)(1)Poker means any of several nonbanked card games commonly referred to as poker that meet all of the following criteria:
(A)Played by two or more individuals who bet and play against each player and not against the house on cards dealt to each player out of a common deck of cards for each round of play, including those games played over the Internet using electronically generated and displayed virtual cards.
(B)The object of the game is to hold or draw to a hand containing a predetermined number of cards that, when all cards to be dealt in the round have been distributed and the betting is completed, meets or exceeds the value of the hands held by the other players. players, or when the winning player is the last active player in the hand. The pot of bets made is awarded to the player or players holding the combination of cards that qualify as the winning combination under the rules of play. Values may be assigned to cards or combinations of cards in various ways, including in accordance with their face value, the combinations of cards held, such as cards of a similar suit or face value, the order of the cards that are held, or other values announced before the round.
(C)The house may deal or operate and officiate the game, and may collect a fee for doing so, but is not a participant in the game itself. The house has no stake in who wins or loses.
(D)Poker may be played in a variety of ways, including dealing all cards to the players so that they may not be seen by others, dealing the cards open face to the players, dealing through a combination of both, or creating a common set of cards that may be used by all players. The particular rules and winning combinations are made known to the players before each round is dealt.
(E)All bets are placed in a common pot. At one or more predetermined points during the game a player may resign, challenge other players to make additional bets into the pot, or demand that players reveal their hand so a winner can be determined.
(F)A poker game that has been approved by the department for play in an authorized live poker room in California pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800)) shall be eligible for qualification by the department as the basis of an authorized Internet poker gambling game, except that pai gow and any other game in which persons other than authorized players to whom the cards in the game have been dealt, and by whom they are held and played, are permitted to bet on a game outcome or other game feature or may in any way control or influence the play of the hand, shall not be authorized, offered, or played in connection with an authorized Internet poker game. Subject to this limitation, the rules governing play in an authorized Internet poker game pursuant to this chapter shall generally be the same as if the game were lawfully played in a live poker room.
(G)An authorized Internet poker game shall not include a player-dealer position.
(H)Video games, slot machines, and other similar devices that individuals play against the house or device and win based on valuations or combinations of cards that are similar to those valuations or combinations used in live, interactive poker games, commonly known as video poker and video lottery, are not poker and are not permitted under this chapter.
(I)An authorized Internet poker game shall not include any feature that uses an element of chance to determine the amount or availability of any prize, payment, or award.
(2)Other characteristics defining poker pursuant to this chapter include any of the following:
(A)Live players with equal chances of winning competing against each other over the Internet in real time and not against the house or any device.
(B)Success over time may be influenced by the skill of the player.
(C)The bets of one player may affect the decisions of another player in the game, and the decisions of one player may affect the success or failure of another.
(3)The term poker includes poker tournaments in which players pay a fee to the operator of the tournament under tournament rules approved by the applicable gaming regulatory agency.
(am)
(as)Proprietary information means all information, including, but not limited to, computer programs, databases, data, algorithms, formulae, expertise, improvements, discoveries, concepts, inventions, developments, methods, designs, analyses, drawings, techniques, strategies, new products, reports, unpublished financial statements, budgets, projections, billing practices, pricing data, contacts, client and supplier lists, business and marketing records, working papers, files, systems, plans, and all related registrations and applications, that, whether or not patentable or registerable under patent, copyright, trademark, or similar statutes, meet either of the following:
(1)The information can be protected as a trade secret under California law or any other applicable state, federal, or foreign law.
(2)The information derives independent economic value, actual or potential, from not being generally known to the public or to other persons that can obtain economic value from its disclosure or use.
(an)
(at)Proxy player means a machine, device, or agent, other than the registered player, that is used to play an authorized Internet poker game.
(ao)
(au)Registered player means a player who has registered with a licensed operator to play authorized Internet poker games on the licensed operators authorized poker Web site.
(ap)
(av)Registration information means the information provided by a person to a licensed operator in order to become a registered player.
(aq)
(aw)Robotic play means the use of a machine or software to automate the next player action at any point in a game, including the use of a proxy player.
(ar)
(ax)(1)Service provider means any person, other than an employee, that does any of the following:
(A)On behalf of a licensed operator, manages, administers, or controls bets on authorized Internet poker games provided over the Internet by a licensee pursuant to this chapter.
(B)On behalf of a licensed operator, manages, administers, or controls the games with which the bets described in subparagraph (A) are associated.
(C)On behalf of a licensed operator, develops, maintains, provides, or operates a gaming system.
(D)Sells, licenses, or otherwise receives compensation for selling or licensing, information on individuals in California who made bets on games over the Internet that were not authorized pursuant to this chapter.
(E)Provides any product, service, financing, or asset to a licensed operator and is paid a percentage of gaming revenue by the licensed operator, not including fees to financial institutions and payment providers for facilitating a deposit by a customer.
(F)Provides intellectual property, including trademarks, trade names, service marks, or similar intellectual property under which a licensed operator identifies its games to its customers.
(G)Receives compensation as part of an affiliate marketing program from bringing players or potential players to a licensed operators authorized poker Web site.
(2)Service provider does not include a provider of goods or services that provides similar goods or services to the public for purposes other than the operation of an authorized poker Web site, including, but not limited to, payment processors and geolocation service providers.
(ay)Significant part means, with respect to ownership, purchase, or acquisition of an entity, interactive gaming facility, or person, holding 5 percent or more of the entity, interactive gaming facility, or person or any amount of ownership that provides control over the entity, interactive gaming facility, or person.
(as)
(az)State means the State of California.
(at)
(bb)Terms of Use Registered Players Agreement means the agreement offered by a licensed operator and accepted by a registered player delineating, among other things, permissible and impermissible activities on an authorized poker Web site and the consequences of engaging in impermissible activities.
(au)
(bc)Tournament means a competition approved by the department in which registered players play a series of authorized Internet poker games to decide the winner.
(av)
(bd)Tournament charge means the amount charged by the licensed operator for registered players to play in a tournament.
(aw)
(be)Tournament winnings means the amount of any prize awarded to a registered player in a tournament.
(ax)
(bf)Tribal gaming regulatory authority means the gaming regulatory authority of a federally recognized California Indian tribe that has the authority to regulate gaming on the tribes Indian lands pursuant to IGRA.
(ay)
(bg)Tribe means a federally recognized California Indian tribe, including, but not limited to, the governing body of that tribe or any entity that is wholly owned by the tribe.
(az)
(bh)Unlawful Gambling Enforcement Fund means the fund established pursuant to Section 19990.802, the revenue of which is dedicated to enforcing the prohibitions of this chapter.
3.Intrastate Internet Poker in California19990.301.Under the federal Unlawful Internet Gambling Enforcement Act of 2006, California is permitted to authorize games played via the Internet as long as all players and the online wagering is located within the jurisdiction of the state and the games are not played by minors.
19990.302.Notwithstanding any other law, a person who is 21 years of age or older and located within California is hereby permitted to participate as a registered player in an authorized Internet poker game provided by a licensed operator on an authorized poker Web site.
19990.303.(a)A person shall not do any of the following:
(1)Offer any game of poker on the Internet in this state unless that person holds a valid license issued by the commission to offer the play of authorized Internet poker games on an authorized poker Web site pursuant to this chapter.
(2)Offer to any player located within California any game provided on the Internet that is not authorized by the state pursuant to this chapter.
(3)As a player located in this state, play any game provided on the Internet that is not authorized by the state pursuant to this chapter.
(b)Subject to an opportunity to cure pursuant to Section 19990.521, a violation of this chapter is a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
19990.304.This chapter does not limit or restrict activities or conduct permitted pursuant to Chapter 5 (commencing with Section 19800) or IGRA.
19990.305.This chapter does not authorize any game offered in Nevada or New Jersey other than poker.
19990.306.A person shall not do either of the following:
(a)Aggregate computers or any other Internet access device in a place of public accommodation within the state, including a club or other association, or a public or other setting, that can accommodate multiple players to simultaneously play an authorized Internet poker game.
(b)Promote, facilitate, or market the activity described in subdivision (a).
19990.307.This chapter does not apply to play-for-fun or play-for-free games.
4.Licensing of Operators and Operators, Service Providers Providers, and Marketing Affiliates19990.401.(a)(1)Within 270 days after the effective date of this chapter, the commission, and any other state agency with a duty pursuant to this chapter, shall, in consultation with the department and tribes, adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this chapter, and to facilitate the operation of authorized poker Web sites and expedite the states receipt of revenues in compliance with this chapter. The initial adoption, amendment, or repeal of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the commission and those other state agencies are hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption, amendment, or repeal of an emergency regulation pursuant to this section, the commission and those other state agencies shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code, but shall promulgate permanent regulations in accordance with all applicable law.
(2)The regulations adopted by the commission shall at a minimum address all of the following:
(A)Underage gambling and problem gambling.
(B)Gaming system technical standards and practices.
(C)Hardware and software standards and compliance.
(D)License License, registration, and work permit issuance and processes.
(E)Suitability standards and determinations.
(F)Temporary, provisional, and emergency licensing, work permits, registrations, and approvals.
(G)Effect of receiverships, bankruptcy, insolvency, inheritance, and trusts affecting ownership of a licensee.
(H)Appeals from adverse decisions.
(I)Accusations, disciplinary proceedings, fines, suspensions, license or registration revocations, and hearings.
(J)Accounting, minimum internal controls, and reporting practices.
(K)Marketing affiliate agreements and reporting, and the duration of initial and renewal registrations and licenses for marketing affiliates.
(L)Rules for poker promotions.
(M)The approval of transfers of ownership interests, employee profit sharing plans, stock options, and bonus plans related to the performance or profitability of the business.
(3)The regulations adopted by the department shall at a minimum address all of the following:
(A)Approval of an authorized Internet poker game.
(B)Authorized Internet poker game rules.
(C)Authorized Internet poker gaming activities.
(D)Registered player-assessed fees, as necessary.
(E)In order to assist the departments enforcement of Section 19990.526, a procedure for the department to access any list of customers or any database containing customer information that was accrued or created by a licensed service provider prior to the effective date of the regulations described in this subdivision.
(b)(1)Each state agency with a duty pursuant to this chapter shall identify a point of contact at that agency and describe the responsibility of the contact with respect to the state agencys duty.
(2)Any notice provided by a licensee to a state agency pursuant to this chapter shall be addressed to the contact identified by the state agency pursuant to paragraph (1).
(3)Unless otherwise provided by this chapter, notice by a licensee to a state agency shall be deemed effective once it is received by the agency and deemed to be complete. An application or notice is not deemed complete until all pertinent documents, information, and fees are submitted to the department.
19990.402.(a)Authorized Internet poker games may be offered only by entities licensed pursuant to this chapter. An eligible entity seeking to offer authorized Internet poker games shall apply to the department for a determination of suitability. If the department determines the applicant is suitable to receive a license, the applicant shall then apply to the commission for an operator license. The applicant shall pay an application processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
(b)Employees of the licensed operator shall undergo a suitability review and obtain work permits pursuant to Article 6 (commencing with Section 19990.601). Owners, officers, and directors of licensed operators shall also undergo a suitability review and obtain employee work permits pursuant to Article 6 (commencing with Section 19990.601). The commission may refuse to issue a license to an applicant, or suspend or revoke a license of a licensed operator, that fails to comply with this requirement.
(c)In order to ensure that licensed operators are not mere facades for unlicensed, unqualified, or undisclosed interests, an applicant for an operator license pursuant to this chapter shall provide documentation to the commission establishing that, if the license is granted, the license applicant will be able, through its own net position or through credit extended directly to the applicant, and with full recourse to it, by a federally or state chartered financial institution not involved with the core functions of the authorized poker Web site, that is entirely secured by an equivalent amount of its own net position, to pay the license deposit required by subdivision (a) of Section 19990.519. In addition, a licensed operator shall submit regular financial reports to the department establishing that the operator meets financial viability requirements, as determined by the commission. The commission may terminate a license if the operator fails to submit the required reports or meet the financial viability requirements.
(d)An applicant for an operator license pursuant to this chapter that is a tribe shall include with its license application a limited waiver of the applicants sovereign immunity. This limited waiver shall apply exclusively to the state, and no other party, solely for the limited purpose of enforcing this chapter and any regulations adopted pursuant to this chapter, and with regard to any claim, sanction, or penalty arising under this chapter or any regulations adopted pursuant to this chapter against the licensed operator by the state, and for no other purpose.
(e)The commission shall issue an operator license to an applicant determined by the commission to qualify as an eligible entity within 150 days of receiving an application, if the applicant has already been subjected to a determination of suitability by the department and has been approved by the department to apply to the commission for licensure. All
(1)Except as provided in paragraph (2), all applicants shall undergo a determination of suitability prior to applying for an eligibility determination by the commission.
(2)Notwithstanding Section 19990.405, an applicant for an operator license that is a tribe identified as an eligible entity shall be deemed suitable if it submits a completed license application.
(f)The state may issue operator licenses only to eligible entities identified within this chapter. Any of the eligible entities may jointly apply for an operator license, either as a consortium or by forming an entity comprised entirely of eligible entities. Each eligible entity may have an interest in only a single operator license.
(g)An operator license denoting full licensure shall be issued for a term of seven years. Subject to the power of the commission to revoke, suspend, condition, or limit any license, as provided in this chapter, a license shall be automatically renewed every seven years thereafter upon application. Failure of a licensed operator to file an application for renewal may be deemed a surrender of the license.
(h)Each initial operator license issued pursuant to this section shall take effect on the same date. That date shall be one year after the effective date of the regulations described in Section 19990.401, this chapter, unless the commission determines that good cause exists for those licenses to take effect in unison on a subsequent date. Each initial operator license shall be a temporary license, and shall be issued for a term of no longer than two five years. The issuance of an initial operator license does not guarantee full licensure.
(i)A licensed operator may cease its operations after providing the department with a 90-day advance notice of its intent and a statement explaining its reasons for doing so, which may include the fact that continuing to operate the authorized poker Web site is commercially infeasible. In response to that notice, the state may file an action in the Superior Court of the County of Sacramento as it deems necessary to protect any state interests, including, but not limited to, the interests of registered players.
19990.403.(a)A licensees employees in direct contact with registered players shall be physically present in the state.
(b)All primary servers, facilities, bank accounts, and accounting records of the licensee related to authorized Internet poker shall be located in the state, except for redundant servers and except as may be permitted by the commission for a service provider, if the service provider ensures access to and jurisdiction over the relevant servers, facilities, bank accounts, and accounting records.
(c)Notwithstanding subdivisions (a) and (b), a licensee may request, and the department may approve, the licensees use of personnel, servers, facilities, bank accounts, and accounting records not physically present in the state when necessary to protect registered players and state interests, for the purposes of diagnosing and addressing technological problems, investigating fraud and collusion, and developing and supervising software and configuration changes.
(d)In addition to any other confidentiality protections afforded to license applicants, the state and its agencies shall treat the proprietary information of a license applicant as confidential to protect the license applicant and to protect the security of any prospective authorized poker Web site. This chapter does not prohibit the exchange of confidential information among state agencies considering a license application. The confidentiality provisions of this chapter exempt proprietary information supplied by a license applicant to a state agency from public disclosure consistent with subdivision (b) of Section 6253 of the Government Code.
(e)A license applicant shall submit to the department, together with its application, an application processing fee as specified in subdivision (a) of Section 19990.402. 19990.402, subdivision (b) of Section 19990.404, and subdivisions (b) and (d) of Section 19990.405. All moneys collected by the state pursuant to this subdivision shall be deposited into the Internet Poker Fund.
19990.404.(a)An entity seeking to act as a service provider shall apply to the department for a determination of suitability. If the department determines the applicant is suitable to receive a license, the applicant shall then apply to the commission for a service provider license, and obtain a service provider license, before providing goods or services to a licensed operator in connection with the operation of an authorized poker Web site. The commission may impose limitations and conditions upon the issuance of the service provider license or the utilization of the applicants assets acquired before the enactment of the act that added this section, or both, with respect to its operations in the state.
(b)The department shall review the suitability of an applicant for a service provider license. The applicant for a service provider license shall pay an application processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
(c)The department may establish a process to conduct a preliminary determination of suitability based on a partial investigation. A partial investigation is intended to screen out applicants that do not meet the suitability requirements of this chapter. A partial investigation shall include fingerprint-based state and federal criminal history checks and clearances, and inquiries into various public databases regarding credit history and any civil litigation. A partial investigation shall also include a review of the service providers financial status, which shall include the submission of a report prepared by a forensic accounting, audit, or investigative firm approved by the department, in a format developed by the department, and at the service providers expense. The report shall include the financial information necessary for the department to make a preliminary determination of suitability. The department may specify additional requirements regarding the contents of the report and any other financial information or documentation required to be submitted. A full investigation shall be conducted of only those service providers that pass the partial investigation and that will undergo a full investigation pursuant to subdivision (d). Those service providers that are awarded a preliminary determination of suitability based on a partial investigation are not guaranteed full licensure. Those service providers that do not pass the partial investigation may appeal the decision to the commission.
(d)Before the commission issues a service provider license to an applicant, the department shall conduct the full investigation required by this section of all of the following persons:
(1)All officers of the license applicant.
(2)The owner or owners of either of the following:
(A)The license applicant.
(B)Any corporate affiliate of the license applicant.
(3)Any persons otherwise providing goods to, or performing services for, the license applicant related to core functions.
(4)Any person deemed by the department to have significant influence over the license applicant or its service providers or their respective operations.
(5)In the case of a tribe or a wholly owned tribal entity that is a service provider, the investigation shall be limited to the business officers of the tribal entity that will serve as the service provider.
(e)A full investigation shall include a review and evaluation of the service providers qualifications and experience to provide the services anticipated, which shall include the required submission of a report prepared on each service provider by an outside firm contracted and supervised by the department, in a format developed by the department, and at the service providers expense. The report shall include information necessary for the department to make a determination of suitability, as specified in regulations adopted pursuant to this chapter, consisting of, but not limited to, personal history, prior activities and associations, credit history, civil litigation, any indictments, past and present financial affairs and standing, and business activities, including whether the applicant or an affiliate of the applicant has a financial interest in any business or organization that is or was engaged in any form of gaming or transactions related to gaming prohibited by the law of the federal or state jurisdiction in which those activities took place. The department shall consult with officials of the United States Department of Justice, other states, and international jurisdiction where the applicant has sought to be or has been licensed. The department may specify additional requirements regarding the contents of the report and other information or documentation required to be submitted.
(f)(1)There is a rebuttable presumption that an applicant for a service provider license is unsuitable if either of the following occurred: conditions are met:
(A)A member of the board of directors of, the chief executive officer of, or a shareholder holding more than 10 percent of the shares of the applicant, or its corporate affiliate, has held a similar or equivalent position with an organization that knowingly and willfully accepted a bet, or engaged in a financial transaction related to that bet, after December 31, 2006, from a person located in the United States on any form of Internet gambling, including, but not limited to, poker, that was not affirmatively authorized by the law of the United States, or of the state in which the bet or related financial transaction was initiated, or that was otherwise legal.
(B)A member of the board of directors of, the chief executive officer of, or a shareholder holding more than 10 percent of the shares of the applicant, or its corporate affiliate, has held a similar or equivalent position with an organization that knowingly facilitated or otherwise provided services with respect to bets, or engaged in a financial transaction related to those bets, after December 31, 2006, involving persons located in the United States, and acted with knowledge of the fact that those bets or financial transactions were not affirmatively authorized by the law of the United States, or of the state in which the bet or related financial transaction was initiated, or that was otherwise legal.
(A)The applicant or any person employed or affiliated with the applicant is a covered person.
(B)The applicant owns, leases, operates, or in any manner utilizes covered assets, whether purchased or otherwise acquired directly or indirectly.
(2)An applicant may rebut the presumption described in paragraph (1) by proving to the department, by a preponderance of the evidence, any of the following:
(A)The acceptance of the bet or wager, the engagement in the transaction, or the facilitation of the wager or financial transaction was not knowing or intentional.
(B)The bet or wager was accepted, or the transaction was engaged in, notwithstanding reasonable efforts by the applicant, or its corporate or marketing affiliate, to exclude bets or wagers from the person.
(C)The acceptance of the bet or wager, the engagement in the transaction, or the facilitation of the wager or financial transaction occurred within a reasonable time period in order to cease those activities in the United States.
(D)The person described in subparagraph (B) of paragraph (1) is no longer affiliated with the applicant.
(3)This subdivision shall not limit the departments authority to make a determination regarding suitability pursuant to Section 19990.405. 19990.406.
(g)(1) Except as provided in paragraph (2), an applicant for a service provider license shall not be granted a license until January 1, 2021, if the applicant, or its corporate or marketing affiliate, accepted a bet or wager on any form of Internet gambling, or engaged in a transaction related to those bets or wagers, and both of the following conditions are met:
(A)The bet or wager was accepted between December 31, 2006, and December 31, 2011, from a person located in the United States.
(B)The applicant did not have a license or authority pursuant to comparable federal or state law in a jurisdiction where the bet or wager was made or the facilitation of the wager or financial transaction occurred.
(2)If an applicant for a service provider license meets the description in paragraph (1), the applicant, if he or she otherwise meets the qualifications and suitability criteria under this chapter, shall pay a one-time fee in the amount of twenty million dollars ($20,000,000), to be deposited into the General Fund, to obtain a service provider license before January 1, 2021.
(g)An applicant for a service provider license that is found unsuitable as a covered person shall not be eligible to be found suitable for a license until January 1, 2022.
(1)During the waiting period described in this subdivision, an applicant or person shall not use any covered asset in this state.
(2)A covered person shall not be found suitable for licensure under this section unless that covered person expressly submits to the jurisdiction of the United States and of each state in which patrons of interactive gaming operated by that covered person after December 31, 2006, were located and agrees to waive any statutes of limitation, equitable remedies, or laches that otherwise would preclude prosecution for a violation of any federal law or the law of any state in connection with that operation of interactive gaming after that date.
(h)An institutional investor holding less than 10 5 percent of the equity securities of a service providers holding or intermediary companies shall be granted a waiver of a determination of suitability or other requirement if all of the following apply:
(1)The securities are those of a corporation, whether publicly traded or privately held.
(2)Holdings of those securities were purchased for investment purposes only.
(3)The institutional investor annually files a certified statement with the department to the effect that it has no intention of influencing or affecting the affairs of the issuer, the licensee, or service provider, as applicable, or its holding or intermediary companies.
(4)Notwithstanding paragraph (3), the institutional investor may vote on matters submitted to the vote of the outstanding security holders after the investor has been issued a license.
(5)The certification described in paragraph (3) shall do all of the following:
(A)Include a statement that the institutional investor beneficially owns the equity securities of the corporation for investment purposes only, and in the ordinary course of business as an institutional investor, and not for the purposes of causing, directly or indirectly, the election of members of the board of directors, or effecting a change in the corporate charter, bylaws, management, policies, or operations of the corporation of any of its affiliates.
(B)Indicate any changes to the structure or operations of the institutional investor that could affect its classification as an institutional investor, as that term is listed in paragraph (8).
(C)State that the institutional investor and corporation shall maintain gaming compliance policies and procedures to implement and ensure compliance with this chapter and regulations adopted pursuant to this chapter.
(6)An institutional investor granted a waiver under this subdivision that subsequently decides to influence or affect the affairs of the issuer shall provide not less than 30 days notice of that intent and shall file with the department a request for determination of suitability before taking an action that may influence or affect the affairs of the issuer. An institutional investor shall not vote prior to being issued a license. If an institutional investor changes its investment intent, or the department finds reasonable cause to believe that the institutional investor may be found unsuitable, the institutional investor shall take no action other than divestiture with respect to its security holdings until it has complied with any requirements established by the department, which may include the execution of a trust agreement. The institutional investor and its relevant holding, related, or subsidiary companies shall immediately notify the department and, if a tribal license is involved, the tribal gaming regulatory authority, of any information about, or actions of, an institutional investor holding its equity securities when that information or action may impact upon the eligibility of the institutional investor for a waiver pursuant to paragraph (2).
(7)If at any time the department finds that an institutional investor holding a security of a licensee under this chapter has failed to comply with the terms of this chapter, or if at any time the department finds that, by reason of the extent or nature of its holdings, whether of debt or equity securities, an institutional investor is in a position to exercise such a substantial impact upon the controlling interests of a licensee that investigation and determination of suitability of the institutional investor are necessary to protect the public interest, the department may take any necessary action otherwise authorized by this chapter to protect the public interest.
(8)For purposes of this subdivision, an institutional investor includes all of the following:
(A)A retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees.
(B)An investment company registered under the federal Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
(C)A collective investment trust organized by banks under Part 9 of the Rules of the Office of the Comptroller of the Currency (12 C.F.R. Sec. 9.1 et seq.).
(D)A closed-end investment trust.
(E)A chartered or licensed life insurance company or property and casualty insurance company.
(F)A federally or state-regulated bank, savings and loan, or other federally or state-regulated lending institution.
(G)An investment adviser registered under the federal Investment Advisers Act of 1940 (15 U.S.C. Sec. 80b-1 et seq.).
(i)An agreement between a licensed operator and a service provider that is a horse racing association operating pursuant to Chapter 4 (commencing with Section 19400) shall ensure that at least 50 percent of the gross gaming revenue that the licensed operator derives from the service provided by the service provider is paid to the service provider.
19990.405.(a)A person seeking to act as a marketing affiliate shall apply to the commission for a marketing affiliate license or registration, and obtain a marketing affiliate license or registration, before providing the services of a marketing affiliate to a licensed operator in connection with the operation of an authorized poker Web site.
(b)(1)A marketing affiliate that is a card room or a tribe operating a land-based gambling facility in good standing shall register with the commission as a marketing affiliate.
(2)A background investigation shall not be required for a marketing affiliate registrant described in this subdivision.
(3)A marketing affiliate registrant described in this subdivision shall pay an application processing fee sufficient to cover the reasonable costs associated with the issuance of the registration.
(4)A marketing affiliate registrant described in this subdivision shall provide annual reports to the commission regarding its marketing affiliate activity.
(c)Notwithstanding subdivision (b), the commission may, at its discretion, require any person to apply for a marketing affiliate license pursuant to subdivision (d), including any person who has any financial interest in any business or organization that is or was engaged in any form of gambling or transactions related to gambling prohibited by the law of the federal or state jurisdiction in which those activities or transactions originated or occurred.
(d)A marketing affiliate that is not eligible to register pursuant to subdivision (b), or that is required by the commission to apply for a marketing affiliate license pursuant to subdivision (c), shall apply to the commission for a marketing affiliate license. The department shall review the suitability of an applicant for a marketing affiliate license. An applicant for a marketing affiliate license shall pay an application processing fee sufficient to cover the reasonable costs associated with the issuance of the license. Before issuing a marketing affiliate license to an applicant, the department shall conduct the investigation required by this section of all of the following persons:
(1)All officers of the license applicant.
(2)The owner or owners of either of the following:
(A)The license applicant.
(B)Any corporate affiliate of the license applicant.
(3)Any persons otherwise providing goods to, or performing services for, the license applicant in exchange for a payment based on volume or revenues.
(4)Any person deemed by the department to have significant influence over the license applicant.
(5)Any other person specified by the commission.
(e)An investigation shall include a review and evaluation of the information necessary for the department to make a determination of suitability, as specified in regulations adopted pursuant to this chapter, consisting of, but not limited to, personal history, prior activities and associations, credit history, civil litigation, past and present financial affairs and standing, and business activities, including whether the applicant or an affiliate of the applicant has a financial interest in any business or organization that is or was engaged in any form of gambling or transactions related to gambling prohibited by the law of the federal or state jurisdiction in which those activities or transactions originated or occurred. The commission or department may specify additional information or documentation required to be submitted.
(f)This section does not limit the departments authority to make a determination regarding suitability pursuant to Section 19990.406.
(g)The commission and department shall give priority consideration to marketing affiliate applications from persons with contractual agreements with licensed operators or licensed operator applicants.
19990.405.19990.406.(a)The department shall issue a finding that a license applicant is suitable to obtain a license only if, based on all of the information and documents submitted, the department is satisfied that each of the persons subject to a determination of suitability pursuant to this article is both of the following:
(1)A person of good character, honesty, and integrity, or, if an entity, in good standing in its jurisdiction of organization and in all other jurisdictions in which it is qualified, or should be qualified, to do business.
(2)A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest of the state, or to the effective regulation and control of authorized Internet poker games, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of authorized Internet poker games or in the carrying on of the business and financial arrangements incidental thereto.
(b)The department shall issue a finding that a license applicant is not suitable to obtain a license if it finds that a person subject to a determination of suitability pursuant to this article is described by any of the following:
(1)The person failed to clearly establish eligibility and qualifications in accordance with this chapter.
(2)The person failed to timely provide information, documentation, and assurances required by this chapter or requested by the department, or, with respect to a licensed applicant, failed to reveal any fact material to qualification, or supplied information that is untrue or misleading as to a material fact pertaining to the suitability criteria.
(3)The person has been convicted of a felony, including a conviction by a federal court or a court in another state or foreign jurisdiction for a crime that would constitute a felony if committed in California, except that a conviction of a felony involving the hunting or fishing rights of a tribal member while on his or her reservation shall not be included among the class of disqualifying felonies.
(4)The person has been convicted of a misdemeanor in a jurisdiction involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code. However, the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the department or affect the applicants burden.
(5)The person has associated with criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(6)The person has contemptuously defied a legislative investigative body, or other official investigative body of a state or of the United States or a foreign jurisdiction, when that body is engaged in the investigation of crimes relating to poker, official corruption related to poker activities, or criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(7)The person is less than 21 years of age.
(8)(A)The person has been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of federal or state law, or having aided or abetted that unlawful activity.
(B)A licensee shall not enter into a contract or agreement with a person or entity described in subparagraph (A).
(c)License applications shall be treated as follows:
(1)The commission shall reject the license application of an applicant found to be ineligible for licensure.
(2)If denial of the application, or approval of the license with restrictions or conditions on the license, is recommended, the department shall prepare and file with the commission written reasons upon which the recommendation is based. Prior to filing its recommendation with the commission, the department shall meet with the applicant, or the applicants duly authorized representative, and inform the applicant generally of the basis for a proposed recommendation that the application be denied, restricted, or conditioned.
(3)This section does not require the department to divulge to the applicant confidential information received from a law enforcement agency or information received from a person with assurances that the information would be maintained confidential, nor to divulge any information that might reveal the identity of an informant or jeopardize the safety of a person.
(4)Denial of an application shall be without prejudice to a new and different application filed in accordance with any regulations adopted by the commission with respect to the submission of applications.
(5)An applicant may withdraw its application for a license at any time prior to final action on the application by the commission by filing a written request with the commission to withdraw the application, absent knowledge of a specific reason to suspect that the person or entity may be found unsuitable.
19990.406.19990.407.(a)This chapter does not restrict the authority of a tribe that is a licensed operator or that owns a tribal enterprise that is a licensed operator to conduct suitability reviews of its service providers.
(b)This chapter also does not prohibit a tribal gaming regulatory authority from providing the results of its suitability investigations or determinations to the commission or department for its consideration in issuance of licenses pursuant to this chapter.
5.Requirements for the Operation of an Authorized Poker Web Site19990.501.(a)A licensed operator shall ensure that registered players are eligible to play authorized Internet poker games and implement appropriate data security standards to prevent access by a person whose age and location have not been verified in accordance with this chapter.
(b)A registered player shall be physically located within the State of California at the time of gambling.
(c)A registered player shall be at least 21 years of age.
(d)Each licensed operator shall do all of the following, whether directly or through the actions of its licensed service providers:
(1)Prior to registering a person as a registered player or permitting a person to play an authorized Internet poker game, the licensed operator shall verify that the person is 21 years of age or older.
(2)The licensed operator shall attempt to match the name, address, and date of birth provided by the person to information contained in records in a database of individuals who have been verified to be 21 years of age or older by reference to an appropriate database of government records.
(3)The licensed operator shall verify that the name and physical billing address on the check or credit card offered for payment by the person seeking to be a registered player matches the name and address listed in the database.
(4)
(3)If the licensed operator is unable to verify that the person is 21 years of age or older pursuant to paragraph (1), the licensed operator shall require the person to submit age-verification documents consisting of an attestation signed by the person that he or she is 21 years of age or older and a copy of a valid form of government identification. For the purposes of this section, a valid form of government identification includes a drivers license, state identification card, passport, official naturalization or immigration document, such as an alien registration receipt card or an immigrant visa, or United States military identification. The licensed operator shall verify that the physical billing address on the check or credit card provided by the person matches the address listed on his or her government identification.
(4)The licensed operator shall ensure that the name and physical billing address associated with any financial instrument provided by a registered players to make deposits matches the name and physical billing address, if applicable, that was verified at the time of, or subsequent to, that registered players registration.
(5)The licensed operator shall not permit registered players to make payments deposits or withdrawals by money order or cash, except that a licensed operator may permit registered players to make payments deposits or withdrawals by money order or cash in person at the land-based gaming facility operated by the licensed operator. The licensed operator shall submit information to each credit card company through which it makes credit card sales, in an appropriate form and format so that the words Internet poker or equivalent description is printed on the purchasers credit card statement with that credit card company, when a payment deposit to a licensed operator is made by credit card and the transaction is categorized as required by law.
(e)A licensed operator is not in violation of this section if the operator complies with the requirements of paragraphs (1) and (2) of subdivision (d), and a person under 21 years of age participates in an authorized Internet poker game provided by the licensed operator.
(f)The department may assess a civil penalty against a person who violates this section, whether a licensed operator, owner, service provider, or player, according to the following schedule:
(1)Not less than one thousand dollars ($1,000), and not more than two thousand dollars ($2,000), for the first violation.
(2)Not less than two thousand five hundred dollars ($2,500), and not more than three thousand five hundred dollars ($3,500), for the second violation.
(3)Not less than four thousand dollars ($4,000), and not more than five thousand dollars ($5,000), for the third violation.
(4)Not less than five thousand five hundred dollars ($5,500), and not more than six thousand five hundred dollars ($6,500), for the fourth violation.
(5)Ten thousand dollars ($10,000) for a fifth or subsequent violation.
(g)The commission shall, by regulation, provide a process for a licensee to exclude from play any person who has filled out an online self-exclusion form. registered player to voluntarily restrict his or her play or restrict his or her access to an authorized poker Web site. The commission may, by regulation, establish a voluntary self-exclusion program to allow a licensed operator to exclude from play on its authorized poker Web site any registered player who has filled out an online self-exclusion form.
(1)The commission shall develop an online self-exclusion form within six months of the effective date of this chapter.
(2)The commission shall deliver the form to each licensed operator.
(3)A licensed operator shall prominently display a link on its authorized poker Web site to the departments Responsible Gambling Internet Web site and the online self-exclusion form on the authorized poker Web site that is form. The link shall be displayed when either of the following occurs:
(A)A person registers as a registered player.
(B)Each time a registered player accesses the authorized poker Web site prior to playing.
(4)A licensed operator shall retain the online self-exclusion form to identify persons who want to be excluded from play. A licensed operator shall exclude those persons from play.
(5)A licensed operator that has made commercially reasonable efforts to comply with this subdivision shall not be held liable in any way if a person who has filled out an online self-exclusion form plays despite that persons request to be excluded.
19990.502.A licensed operator shall offer only authorized Internet poker games and process bets in accordance with the specified game and betting rules established by the licensed operator and approved by the department pursuant to Section 19990.503.
19990.503.(a)In order to propose a game for play, a licensed operator shall provide the department with both of the following via electronic means or via mail:
(1)Game rules and betting rules it proposes to offer to registered players.
(2)Documentation from an independent gaming test laboratory that is licensed licensed, approved, or registered in any United States jurisdiction to test, approve, and certify the games software.
(b)A licensed operator shall not offer a game for play until the department has approved the game rules and betting rules.
19990.504.(a)A licensed operator shall ensure that games are fair.
(b)A licensed operator shall display a link on its authorized poker Web site that includes the following information for each game offered:
(1)The name of the game.
(2)Any restrictions on the play of the game.
(3)The rules of the game.
(4)All instructions on how to play.
(5)The unit and total bets permitted.
(6)Per hand charges assessed to registered players.
(7)The registered players current account balance, which shall be updated in real time.
(8)Any other information that a licensed operator or the department determines is necessary for the registered player to have in real time to compete fairly in the game.
(c)A licensed operator shall display a link on its authorized poker Web site that includes the following information for each tournament offered:
(1)Tournament rules.
(2)Tournament charge.
(3)Games offered during the tournament.
(4)Prize structure and number of registered players that will be paid.
(5)Buy-in amount, re-buy amount, and add-on amount.
(d)Data used to create game results shall be unpredictable so that it is infeasible to predict the next occurrence in a game.
(e)A licensed operator shall deploy controls and technology to minimize fraud or cheating through collusion, including external exchange of information between different players, or any other means.
(1)If a licensed operator becomes aware that fraud or cheating is taking place or has taken place, it shall take steps to stop those activities immediately and inform the department of all relevant facts.
(2)The department shall not impose a fine against a licensed operator to prevent fraud or cheating if the licensed operator can demonstrate that it acted responsibly to prevent those activities as soon as the licensed operator became aware of them.
(f)In a per hand game, if the gaming server or software does not allow a game to be completed, the game shall be void and all funds relating to the incomplete game shall be returned to the registered players account.
(g)In a tournament, if the gaming server or software does not allow the tournament to be completed, all prize money shall be distributed among players in accordance with the procedure approved by the department and published by the licensed operator prior to the commencement of the tournament.
(h)A licensed operator shall display or allow the results from any authorized Internet poker game, including the redemption of winnings from any game, to be displayed or represented only by showing the card faces of the winning hand hand, the name or description of the winning hand, and the dollar amount won.
(i)A licensed operator shall not do any of the following:
(1)Display or allow the outcome from any authorized Internet poker game, including the redemption of winnings from any game, to be displayed or represented in a manner that mimics a slot machine or any other casino-style games, including, but not limited to, blackjack, roulette, or craps.
(2)Use casino game graphics, themes, or titles, including, but not limited to, depictions of slot machine-style symbols, banked or banking card games, craps, roulette, keno, lotto, or bingo.
(3)Allow the use of robotic play at any time by itself, a service provider, or a player.
19990.505.(a)A licensed operator shall register players and establish registered player accounts prior to play.
(b)A person shall not participate in any game provided by a licensed operator unless the person is a registered player and holds a registered player account.
(c)A registered player account may be established in person, or by United States mail, telephone, or by any electronic means.
(d)To register and establish a registered player account to play poker with real money, a person shall provide all of the following registration information:
(1)First name and surname.
(2)Principal residence address.
(3)Telephone number.
(4)Social security number.
(5)Identification or certification to prove that person is at least 21 years of age.
(6)Valid email address.
(e)A licensed operator shall provide registered players with the means to update the registration information provided to the licensed operator, and shall require that registered players keep registration information current.
(f)This section does not prevent a licensed operator from entering into a marketing agreement with a third party, who has been determined to be suitable and licensed or registered, as applicable, as a service provider, provider or marketing affiliate, to recruit people to become registered players if the registration process described in this section is under the sole control of the licensed operator.
19990.506.(a)A licensed operator shall provide a means for registered players to put funds into a registered player account and transfer funds out of that account.
(b)A registered player shall identify the source of funds to be used to put money into the registered player account established once the registration process is complete.
(c)At the time of establishing a registered player account, a registered player shall designate the bank account into which funds from the registered players authorized poker Web site account are to be transferred.
(d)A registered player shall not establish more than one account on the same authorized poker Web site.
(e)While playing an authorized Internet poker game, the game system shall not permit a registered player to increase the amount of money that player has available at a game table while a hand is in play. Any increase to the funds available to a player during a hand shall not take effect until the following hand.
(f)A licensed operator shall maintain records on the balance of each registered players account.
(g)A licensed operator shall not permit a registered player to place a bet unless the registered players account has sufficient funds to cover the amount of the bet.
(h)A licensed operator shall not provide credit to a registered players account or act as agent for a credit provider to facilitate the provision of funds.
(i)Interest shall not be paid by a licensed operator with respect to a registered players account.
(j)A licensed operator shall segregate funds it holds in all registered player accounts from all of its other assets.
(k)A licensed operator shall not commingle funds in the segregated account containing funds paid deposited by registered players with any other funds held by the licensed operator, including, but not limited to, operating funds of the licensed operator. Both the accounts of the licensed operator and its segregated registered player accounts shall be held in financial institutions located in the state.
(l)Funds held in a registered players account shall be used only for the following purposes:
(1)To pay per hand hand, participation, or tournament charges owed by a registered player to the licensed operator for play of authorized Internet poker games.
(2)To transfer funds from one registered players account to the account of another registered player to reconcile the result of a loss in the play of an authorized Internet poker game.
(3)To transfer funds from a registered players account to a temporary account to be held by a licensed operator pending the outcome of an authorized Internet poker game.
(4)To remit tax proceeds due and owing from a registered player to the Franchise Tax Board.
(5)To transfer funds from a registered players account with the licensed operator to an account specified by that registered player upon that registered players request.
19990.507.Prior to completing the registration process, a licensed operator shall explain in a conspicuous fashion to the person who is registering the privacy policies of the authorized poker Web site, and the person shall assent to the following policies:
(a)Personally identifiable information shall not be shared with any nongovernmental third parties, except as provided in Section 19990.512.
(b)All personally identifiable information about registered players shall be shared with state agencies, including, but not limited to, the department, the commission, the Franchise Tax Board, and the Department of Child Support Services as necessary to assist them in fulfilling their obligations.
(c)Personally identifiable information may be shared with governmental agencies only as set forth in subdivision (b) or subject to court order as provided in Section 19990.512.
19990.508.A licensed operator may require that a registered player, or a person registering as a player, agree to a Terms of Use Registered Players Agreement.
19990.509.A licensed operator may suspend or revoke the account of a registered player for any of the following reasons:
(a)A person or registered player provided false information to the licensed operator, including, but not limited to, in the registration process.
(b)The registered player has not updated registration information to keep it current.
(c)The registered player has violated the authorized poker Web sites Terms of Use Registered Players Agreement.
(d)The person has already been registered.
(e)The licensed operator suspects that the registered player has participated in an illegal or unauthorized activity on the authorized poker Web site.
(f)The licensed operator is directed by a state agency to suspend or revoke the registered players account.
19990.510.Upon registration, and each time a registered player logs into an authorized poker Web site, the licensed operator shall permit a registered player to adjust his or her play settings to:
(a)Set a limit on the deposits that can be made per day.
(b)Set a limit on the aggregate losses in a registered players account within a specified period of time.
(c)Set a limit on the amount of time that a registered player can play.
19990.511.A licensed operator shall offer customer support that shall be available to registered players 24 hours per day, 365 days per year.
19990.512.(a)A licensed operator shall protect the privacy of registered players and their personally identifiable information.
(b)A licensed operator shall comply with all applicable state and federal privacy and data protection laws.
(c)At the time a registered player registers with a licensed operator, and at least one time per year thereafter, a licensed operator shall provide notice in the form of a separate, written statement, delivered via the United States Postal Service or electronic mail, to the registered player that clearly and conspicuously informs the registered player of all of the following:
(1)The nature of personally identifiable information collected or to be collected with respect to the registered player and the nature of the use of that information.
(2)The nature, frequency, and purpose of any disclosure that may be made of personally identifiable information, including an identification of the types of persons to whom the disclosure may be made.
(3)The period during which personally identifiable information will be maintained by the licensed operator.
(4)The times and place at which the registered player may have access to personally identifiable information in accordance with subdivision (h).
(5)The limitations provided by this section with respect to the collection and disclosure of personally identifiable information by a licensed operator.
(d)A licensed operator shall not collect personally identifiable information concerning any registered player without the prior written or electronic consent of the registered player.
(e)A licensed operator may collect personally identifiable information in order to do both of the following:
(1)Obtain information necessary to operate the authorized poker Web site and offer authorized Internet poker games to registered players pursuant to this chapter.
(2)Detect unauthorized play, activities contrary to a licensed operators Terms of Use Registered Players Agreement, or activities contrary to state or federal law.
(f)Except as provided in subdivision (g), a licensed operator shall not disclose personally identifiable information concerning any registered player without the prior written or electronic consent of the registered player and shall take actions necessary to prevent unauthorized access to that information by a person other than the registered player or licensed operator.
(g)A licensed operator may disclose personally identifiable information if the disclosure is any of the following:
(1)Necessary to render, or conduct a legitimate business activity related to, the provision of authorized Internet poker games to the registered player by the licensed operator.
(2)Subject to subdivision (j), made pursuant to a court order authorizing the disclosure, if the registered player is notified of the order by the person to whom the order is directed.
(3)A disclosure of the names and addresses of registered players to any tournament third party, if both of the following apply:
(A)The licensed operator has provided the registered player the opportunity to prohibit or limit the disclosure.
(B)The disclosure does not reveal, directly or indirectly, the nature of any transaction made by the registered player over the authorized poker Web site.
(4)A disclosure to the commission and the department to fulfill its obligations under this chapter or to a state agency as authorized in this chapter.
(5)A disclosure to persons found suitable under this chapter if the registered player is notified and consents to the information being shared.
(h)A licensed operator shall provide a registered player with access to all personally identifiable information regarding that registered player that is collected and maintained by the licensed operator. The licensed operator shall make the information available to the registered player at reasonable times and at a place designated by the licensed operator. A licensed operator shall provide a registered player a reasonable opportunity to correct any error in the information.
(i)A licensed operator shall destroy personally identifiable information if both of the following apply:
(1)The information is no longer reasonably necessary for the purpose for which it was collected.
(2)There are no pending requests or orders for access to the information under subdivision (j).
(j)A governmental or nongovernmental third party may obtain personally identifiable information concerning a registered player pursuant to a court order only if, in the court proceeding relevant to the court order, both of the following apply:
(1)The third party offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity or otherwise relevant to a pending civil action and that the information sought would be material evidence in the case.
(2)The registered player about whom the information is requested is afforded the opportunity to appear and contest the third partys claim.
19990.513.A licensed operator shall establish a book of accounts and regularly audit all of its financial records and reports, which shall, at a minimum, include all of the following:
(a)Monthly auditable and aggregate financial statements of gambling transactions.
(b)Monthly calculation of all amounts payable to the state.
(c)The identity of registered players.
(d)The balance on each registered players account at the start of a session of play, the amount won or lost by each registered player during a game, and the balance on the registered players account.
(e)The bets placed on each game, time stamped by the games server.
(f)The result of each game, time stamped by the games server.
(g)The amount, if any, as determined by the registered player, withheld from winnings for federal or state income tax purposes.
19990.514.(a)A licensed operator shall make all financial records established and maintained pursuant to Section 19990.513, including, but not limited to, all books, records, documents, financial information, and financial reports, available on an electronic basis, as required by the commission, the department, or other state agencies so that those state agencies can fulfill their responsibilities under this chapter. A state agency may request specific printed hard copies of records for good cause.
(b)The licensed operators data shall be retained in a manner by which it may be accessed online by a state agency with responsibilities pursuant to this chapter. The commission shall identify which state agencies require online access.
(c)Notwithstanding subdivision (b), data covered by subdivisions (d), (e), and (f) of Section 19990.513 shall be accessible to the state agencies online for 180 days, and, thereafter, archived and retained for two years.
19990.515.A licensed operator shall do all of the following:
(a)Implement technical systems that materially aid the commission in the protection of registered players. Software shall meet, at a minimum, international industry standards as verified by an independent gaming test laboratory that is licensed or registered in any United States jurisdiction to test, approve, and certify the software.
(b)Define and document its methodology for developing software and applications and describe the manner in which software protects registered players from fraud and other risks in the play of authorized Internet poker games and in the management of registered player accounts.
(c)Meet minimum game server connectivity requirements to ensure that registered players are protected from losses due to connectivity problems.
(d)Ensure that all transactions involving registered players funds are recoverable by the system in the event of a failure or malfunction.
(e)Ensure that all information required for reviewing a game interrupted due to loss of connectivity is recoverable by the licensed operator.
(f)Document and implement preventive and detective controls addressing money laundering and fraud risks.
19990.516.(a)A licensed operator may charge registered players to play in authorized Internet poker games.
(b)(1)A licensed operator may charge a per hand charge if the per hand charge is designated and conspicuously posted on the licensed operators authorized poker Web site.
(2)A licensed operator may vary the per hand charges to registered players based on betting limits or other factors.
(c)(1)A licensed operator may charge a tournament charge if the tournament charge is designated and conspicuously posted on the licensed operators authorized poker Web site.
(2)A licensed operator may vary tournament charges based on tournament prizes or other factors.
(d)A licensed operator shall provide notice to the commission of the charges to registered players prior to initiating play.
19990.517.A licensed operator may do any of the following:
(a)Enter into an agreement with any third party to sponsor or underwrite prizes for a tournament, subject to the approval of the commission and, if applicable, the tribal gaming regulatory authority.
(b)Enter into an agreement to sell advertisement space on any Internet Web site it controls.
(c)Enter into an agreement with a third-party service provider for marketing, or any other purpose consistent with this chapter, including, but not limited to, displaying the name of a marketing partner on a screen viewed by a registered player.
(d)Enable a chat function between registered players if it has in place effective controls against collusion.
(e)Post Internet Web links on the Internet Web sites it controls to permit registered players to access remote Internet Web sites.
(f)Offer authorized Internet poker games on up to two authorized poker Web sites pursuant to its license.
(g)Enter into contractual agreements with one or more licensed operators for the purpose of ensuring adequate player liquidity.
19990.518.There are three categories of application fees, regulatory fees, and license deposits, as follows:
(a)Application Processing Fee. In order to cover the costs of suitability investigations and other costs of processing an application for a license or work permit, the applicant shall deposit the applicable application processing fee as provided in subdivision (a) of Section 19990.402, subdivision (e) of Section 19990.403, subdivision (b) of Section 19990.404, subdivisions (b) and (d) of Section 19990.405, or Section 19990.605. Any balance of the application processing fee that remains after completion of the determination of suitability shall be refunded to the applicant. If additional moneys are needed to complete the determination of suitability of the license applicant, the applicant shall pay the funds necessary to complete the determination of suitability.
(b)One-time License Deposit. Prior to offering any games for play or accepting any bets on its authorized poker Web site, a licensed operator shall pay the one-time license deposit as provided in subdivision (a) of Section 19990.519.
(c)Ongoing Regulatory Fees. Following issuance of a license and beginning of operations thereunder, the licensed operator shall pay the ongoing regulatory fees set forth in subdivision (c) of Section 19990.519.
19990.519.(a)In support of the application for a license pursuant to this chapter, prior to offering games or accepting bets on its authorized poker Web site, the licensed operator shall remit to the Treasurer a one-time license deposit in the amount of twelve million five hundred thousand dollars ($12,500,000), to be deposited into the General Fund, subject to Section 19619.8, and six million two hundred fifty thousand dollars ($6,250,000) of the one-time license deposit shall be credited against the duty imposed on the licensed operators gross gaming revenues pursuant to subdivision (b). Upon depletion of the credit amount, the commission shall notify the licensed operator to commence with the annual payments to the state in accordance with subdivision (b).
(b)(1)In consideration of the substantial value of each license, a licensed operator shall remit to the Treasurer on an annual a quarterly basis for deposit in the General Fund, subject to Section 19619.8, a percentage of its gross gaming revenues pursuant to the applicable rate percent described in paragraph (2). an amount equal to 10 percent of its gross gaming revenues.
(2)The rate percent assessed per year on a licensed operator pursuant to this subdivision shall be based upon the annual cumulative total of gross gaming revenues for all licensed operators during the calendar year as follows:
(A)If annual gross gaming revenues are less than or equal to one hundred fifty million dollars ($150,000,000), the rate percent is 8.847 percent.
(B)If annual gross gaming revenues are more than one hundred fifty million dollars (150,000,000) and less than or equal to two hundred fifty million dollars ($250,000,000), the rate percent is 10 percent.
(C)If annual gross gaming revenues are more than two hundred fifty million dollars ($250,000,000) and less than or equal to three hundred fifty million dollars ($350,000,000), the rate percent is 12.5 percent.
(D)If annual gross gaming revenues are more than three hundred fifty million dollars ($350,000,000), the rate percent is 15 percent.
(3)(A) By January 31 of each calendar year, the commission shall, based on financial information submitted to it by licensed operators, determine the applicable rate percent for the preceding calendar year consistent with paragraph (2) and notify each licensed operator of that rate percent.
(B)
(2)Each annual quarterly payment shall be due 30 days after the licensed operator receives the notification from the commission described in subparagraph (A). on the 10th day of the month following the end of each quarter.
(4)
(3)The commission shall administer and collect the duty imposed by this subdivision pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). For purposes of this subdivision, the references to fee in the Fee Collection Procedures Law shall include the duty imposed by this subdivision, and, except when the context provides otherwise, references to feepayer in that law shall include a licensed operator required to pay the duty imposed by this subdivision and references to the board in that law shall refer instead to the commission.
(5)
(4)A licensed operator shall make all electronic and written financial records available to the Treasurer, the commission, and the department on an electronic basis.
(c)Each licensed operator shall pay a regulatory fee, to be deposited in the Internet Poker Fund, in an amount to be determined by the commission, for the reasonable costs of license oversight, consumer protection, state regulation, problem gambling programs, and other purposes related to this chapter, determined on a pro rata basis depending on the number of licensed operators in the state.
19990.520.(a)The licensed operator shall facilitate the collection of personal income taxes from registered players by the Franchise Tax Board and shall be responsible for providing current and accurate documentation on a timely basis to all state agencies, as provided in this chapter.
(b)The state and its agencies shall treat the proprietary information provided by a licensed operator as confidential to protect the licensed operator and to protect the security of the authorized poker Web site.
(c)The confidentiality provisions of this chapter exempt proprietary information supplied by a licensee to a state agency from public disclosure consistent with subdivision (b) of Section 6253 of the Government Code.
19990.521.(a)A licensee shall act expeditiously to cure any violation of this chapter, or any regulation adopted pursuant to this chapter, in the offer or administration of authorized Internet poker games that interferes with its obligations to the state or registered players under this chapter.
(b)If a licensee becomes aware of any violation of this chapter, it shall notify the department immediately and work with the department to develop a plan to rectify the violation.
(c)If the department becomes aware of any violation of this chapter, or if it becomes aware of any activities that might lead to a violation, the department shall provide notice of that violation to the licensee and a reasonable opportunity for the licensee to cure the violation. If the violation is not timely cured, the department shall investigate the violation further and may take enforcement actions. If the commission becomes aware of any violation of this chapter, the commission shall notify the department of the violation immediately so that the department may take appropriate action pursuant to this chapter.
(d)All state agencies with responsibilities under this chapter shall report any actual or suspected violation of this chapter, or any regulation adopted pursuant to this chapter, or activities that may lead to a violation, to the department immediately so that the department can assess whether it needs to commence an investigation or enforcement action.
(e)A licensee shall be afforded a reasonable time period to cure any reported violation. During this time period, a licensee shall not be subject to prosecution for the criminal penalty described in Section 19990.303, or liable for the civil penalties or restitution described in this article. chapter.
(f)The department shall have subpoena power in an investigation of any violation of this chapter, or any regulation adopted pursuant to this chapter.
(g)The commission may revoke or suspend any license or work permit under this chapter upon reaching a finding that the licensee or employee is in violation of any provision of this chapter, or any regulation adopted pursuant to this chapter. However, a tribal licensee shall not have its license suspended or revoked, or be fined or otherwise penalized, for complying with any applicable federal law or regulation when operating an authorized poker Web site on Indian lands. To the extent that any state requirement is more stringent than any applicable federal requirement, the tribal licensee shall comply with the more stringent state requirement, unless the federal requirement preempts state law.
(h)A licensee may appeal any final decision of the department pursuant to this section to the superior court. The superior court shall hear any appeal de novo.
(i)The department shall protect the rights and assets of registered players on an authorized poker Web site if the licensed operators license pursuant to this chapter is revoked or the licensed operator becomes bankrupt.
19990.522.(a)(1)A license issued pursuant to this chapter is not transferable.
(2)If a licensed operator seeks to change the ownership of its land-based gaming facility, both of the following apply:
(A)The license held by the licensed operator under this chapter shall be rendered void upon the date of any change of ownership in the land-based gaming facility.
(B)Prior to a change in ownership, the acquiring person shall apply to become a licensed operator, at which point the commission shall determine whether the person is legally qualified to be a licensed operator under this chapter.
(b)The department shall investigate to ensure that any person acquiring an interest in a licensee is suitable, and otherwise financially, technically, and legally qualified to be a licensee pursuant to this chapter. If an acquiring person is found to be unsuitable to be a licensee, or otherwise not financially, technically, or legally qualified to be a licensee, the licensed operator or the acquiring person may challenge that determination.
19990.523.All facilities, software, including downloadable programs, and any other property, both tangible and intangible, used by the licensed operator in offering authorized Internet poker games for play on an authorized poker Web site shall be the property of the licensed operator or its licensed service providers, and shall be subject to the review of the department and the approval of the commission.
19990.524.If any dispute arises between the state and a licensee, either the commission or a licensee may file an action in the superior court of any county in which the commission has an office for an interpretation of the rights and responsibilities of the state and the licensee pursuant to this chapter.
19990.525.(a)(1)The department or commission may contract with other public or private entities, including, but not limited to, state, tribal, and international regulatory agencies, for the provision of services related to a responsibility imposed on the department or commission by this chapter if all of the following are satisfied:
(A)The contract will assist with the provision of efficient, effective, and robust regulation of intrastate Internet poker.
(B)The contract provides access to expertise that has been tested and proven in the poker industry.
(C)The department or commission retains administrative control and responsibility for ensuring compliance with this chapter.
(2)In order to expedite the implementation of intrastate Internet poker, a contract entered into pursuant to paragraph (1) is not subject to the Public Contracts Code, or otherwise applicable contracting provisions of the Government Code.
(b)A state agency with a duty pursuant to this chapter may enter into agreements to share information with other regulatory and law enforcement agencies to assist in performing the state agencys duty.
19990.526.(a)Until January 1, 2019, a licensed service provider shall not, for any purpose, use any list of customers or database containing customer information that was accrued or created prior to the effective date of the regulations described in subdivision (a) of Section 19990.401.
(b)Pursuant to subdivision (b) of Section 19990.303, a violation of subdivision (a) is a felony, punishable pursuant to subdivision (h) of Section 1170 of the Penal Code.
6.Employee Work Permits19990.601.(a)Except as provided in Section 19990.602, a licensee shall submit an application and applicable fees to the department and apply to the commission for an employee work permit on behalf of each employee.
(b)Prior to initiating operations and thereafter, a licensee shall ensure that every employee has been issued an employee work permit by the commission prior to that person having access to the licensees facilities. The permit shall be renewed every two years.
(c)The commission shall issue an employee work permit only if, based on all of the information and documents submitted, the commission is satisfied that the applicant is, at a minimum, all of the following:
(1)A person of good character, honesty, and integrity.
(2)A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the integrity of a gaming operation or public interest of this state, or to the effective regulation and control of controlled gambling, as defined in Section 19805, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of controlled gambling or in the carrying on of incidental business and financial arrangements.
(3)A person who is in all other respects qualified to hold an employee work permit as provided in this chapter.
(d)The commission shall not issue an employee work permit unless the applicant meets the qualification standards adopted by the commission by regulation. A tribal gaming regulatory authority may impose additional qualifications with respect to activities on Indian lands.
19990.602.(a)A tribe that is a licensed operator, or that owns a tribal enterprise that is a licensed operator, may elect to participate in the tribal gaming regulatory authority process prescribed by this section for the issuance of employee work permits. If the tribe does not elect to participate in the tribal gaming regulatory authority process as provided in this section, then the process specified in this section regarding submission and action by the tribal gaming regulatory authority on the application for employee work permit shall not apply, and the other provisions of this chapter shall instead govern.
(b)The joint state and tribal processes required pursuant to this section are intended to promote and involve joint cooperation among the tribal gaming regulatory authority, the commission, and the department.
(c)The tribal employee work permit process shall be as follows:
(1)All applications for employee work permits first shall be filed with the tribal gaming regulatory authority, which shall promptly file a copy of the application with the commission, together with information regarding the filing date and the payment of fees and deposits. The application shall be accompanied by the fees required in Section 19990.605, except those fees shall be deposited into a tribal account created for the purpose of holding the deposited funds and using them for the costs of the suitability review and the issuance of the license.
(2)In reviewing an application for a work permit, the tribal gaming regulatory authority shall determine whether issuance of the employee work permit would meet the suitability standards set forth in this chapter. The tribal gaming regulatory authority shall not issue a permit unless, based on all information and documents submitted, the tribal gaming regulatory authority determines that the applicant meets all of the criteria set forth in this chapter for the issuance of the employee work permit.
(3)The tribal gaming regulatory authority shall conduct, or cause to be conducted, all necessary determinations of suitability reasonably required to determine that the applicant is qualified for an employee work permit under the standards set forth in this chapter for the issuance of the employee work permit.
(4)In lieu of completing its own determination of suitability, and to the extent that doing so does not conflict with or violate this chapter, the tribal gaming regulatory authority may contract with the department for the conduct of determinations of suitability, may rely on a state certification of nonobjection previously issued under a gaming compact involving another tribe, or may rely on a state gaming license previously issued to the applicant, to fulfill some or all of the tribal gaming regulatory authoritys determination of suitability obligation. An applicant for a tribal employee work permit shall provide releases to make background information regarding the applicant available to the tribal gaming regulatory authority, the department, and the commission.
(5)Upon completion of the necessary determination of suitability, the tribal gaming regulatory authority may issue a finding that the person or entity is eligible for an employee work permit on a conditional or unconditional basis. This section does not create a property or other right of an applicant in an opportunity to be permitted, or in a permit itself, both of which shall be considered privileges granted to the applicant in the sole discretion of the tribal gaming regulatory authority.
(6)Upon receipt of a completed license application and a determination by the tribal gaming regulatory authority that the applicant is eligible and suitable for the employee work permit, the tribal gaming regulatory authority shall transmit to the commission a notice of intent to issue a permit to the applicant. The tribal gaming regulatory authority shall not issue an employee work permit until the process required by paragraph (7) is complete.
(7)After receipt of the tribal gaming regulatory authoritys notice pursuant to paragraph (6), and upon completion of the necessary determination of suitability, review, the commission shall issue a notice to the tribal gaming regulatory authority stating its finding that the applicant is suitable or is not suitable for the requested permit. The commission shall defer to the tribal gaming regulatory authoritys determination unless the commission concludes that the determination was clearly erroneous. The commission may charge an additional application processing fee pursuant to Section 19990.605 to cover the reasonable costs of conducting its verification of suitability.
(A)If the commission notices a finding that the applicant is suitable, the tribal gaming regulatory agency shall issue an employee work permit to the applicant. The permit shall be effective pursuant to this chapter as though issued by the commission.
(B)If the commission notices a finding that the applicant is not suitable, the tribal gaming regulatory authority shall not issue the requested permit. Prior to denying an application for a determination of suitability, the commission shall notify the tribal gaming regulatory authority and afford the tribe an opportunity to be heard. If the commission denies an application for a determination of suitability, the commission shall provide the applicant with written notice of all appeal rights available under state law.
(C)Upon receipt of notice that the commission or department, collectively or individually, or the tribal gaming regulatory authority has determined that a person would be unsuitable in a similar application filed in connection with a nontribal operation, the tribal gaming regulatory authority shall not issue the requested permit or, if that notice is received after issuance of the permit, promptly revoke that permit. However, the tribal gaming regulatory authority may, in its discretion, reissue a permit to the person following entry of a final judgment reversing the determination of the commission and department in a proceeding in state court conducted pursuant to Section 1085 of the Code of Civil Procedure.
(8)A tribal permit application submitted pursuant to this section may be denied, and any permit issued may be revoked, if the tribal gaming regulatory authority determines that the application is incomplete or deficient, or if the applicant is determined to be unsuitable or otherwise unqualified for a permit. Pending consideration of revocation, the tribal gaming regulatory authority may suspend a permit. All rights to notice and hearing shall be governed by the rules of the tribal gaming regulatory authority, which shall meet minimum requirements to be developed among the tribes, the commission, and the department, and as to which the applicant shall be notified in writing, along with notice of an intent to suspend or revoke the permit.
(9)The tribal gaming regulatory authority may summarily suspend an employee work permit issued pursuant to this section if the tribal gaming regulatory authority determines that the continued permitting of the person or entity could constitute a threat to the public health or safety or may violate this chapter.
(d)The commission and tribal gaming regulatory authorities conducting suitability reviews pursuant to this section shall cooperate in sharing as much background information as possible in order to maximize investigative efficiency and thoroughness, to minimize investigative costs, and to expedite the permitting process.
(e)The commission and the tribes that have elected to conduct suitability reviews pursuant to this section shall cooperate in developing standard forms for tribal gaming employee work permit applicants, on a statewide basis, that reduce or eliminate duplicative or excessive paperwork, and that take into account the requirements of this chapter and the expense of compliance with those requirements.
19990.603.An applicant for an employee work permit is disqualified if the applicant is described by any of the following:
(a)The applicant failed to clearly establish eligibility and qualifications in accordance with this chapter.
(b)The applicant failed to timely provide information, documentation, and assurances required by this chapter or requested by any state official, or, with respect to a licensed applicant, failed to reveal any fact material to qualification, or supplied information that is untrue or misleading as to a material fact pertaining to the suitability criteria.
(c)The applicant has been convicted of a felony, including a conviction by a federal court or a court in another state or foreign jurisdiction for a crime that would constitute a felony if committed in California, except that a conviction of a felony involving the hunting or fishing rights of a tribal member while on his or her reservation shall not be included among the class of disqualifying felonies.
(d)The applicant has been convicted of a misdemeanor in a jurisdiction involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code. However, the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the department or affect the applicants burden.
(e)The applicant has associated with criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(f)The applicant has contemptuously defied a legislative investigative body, or other official investigative body of a state or of the United States or a foreign jurisdiction, when that body is engaged in the investigation of crimes relating to poker, official corruption related to poker activities, or criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(g)The applicant is less than 21 years of age.
(h)The applicant was a member of the board of directors or the ultimate parent company of, the chief executive officer of, or a shareholder holding more than 10 percent of the shares of, an entity, or its corporate or marketing affiliate, and was directly involved in an executive decision making capacity that led the entity, or its affiliate, to facilitate a wager or financial transaction relating to Internet gambling in the United States, unless any of the following applies:
(1)The entity, or its affiliate, was licensed or authorized to engage in the activity pursuant to this chapter or comparable federal or state law in the jurisdiction where the facilitation of the wager or financial transaction occurred.
(2)The facilitation of the wager or financial transaction was not knowing or intentional.
(3)The facilitation of the wager or financial transaction occurred within a reasonable time period in order to cease those activities in the United States.
19990.604.(a)If a licensed operator has any owners, officers, or directors who are not employees, it shall ensure that each of those persons obtains an employee work permit before having any role or decisionmaking authority regarding the licensed operators gaming operations.
(b)If the licensed operator is a tribal enterprise controlled by an independent board of directors, the officers, directors, and employees of that tribal enterprise are subject to suitability review pursuant to this section. This section does not require that an officer, director, employee, or member of the tribe that owns the tribal enterprise be subject to suitability review if that individual is not also an officer, director, employee, or member of the tribal enterprise or a person who controls the core functions of the tribal enterprise.
19990.605.The commission, the department, and, if applicable, the tribal gaming regulatory authority, shall establish application processing fees to be paid by a licensee for the reasonable cost of determinations of suitability for, and issuance of, employee work permit applications. The commission shall establish processes for the revocation or suspension of an employee work permit, and to withdraw an application for an employee work permit.
19990.606.A licensed operator or service provider licensee shall not enter into, without prior approval of the commission, a contract or agreement with either of the following:
(a)A person who is denied a gambling license or employee work permit pursuant to Chapter 5 (commencing with Section 19800), or whose gambling license or employee work permit is suspended or revoked.
(b)Any business enterprise under the control of a person described in subdivision (a), after the date of receipt of notice of the action.
19990.607.(a)(1)A licensed operator or service provider licensee shall not employ, without prior approval of the commission, a person in any capacity for which he or she is required to have an employee work permit, if the person has been denied a gambling license or an employee work permit pursuant to Chapter 5 (commencing with Section 19800), or if his or her gambling license or employee work permit has been suspended or revoked after the date of receipt of notice of the action by the commission or tribal gaming regulatory authority.
(2)A licensed operator or service provider licensee shall not enter into a contract or agreement with a person whose application for a gambling license or an employee work permit has been withdrawn with prejudice, or with a business enterprise under the control of that person, for the period of time during which the person is prohibited from filing a new application for a gambling license or an employee work permit.
(b)(1)If an employee who is required to hold an employee work permit pursuant to this chapter is denied an employee work permit, or has his or her employee work permit revoked, the employee shall be terminated immediately in all capacities. Upon notifying the licensee of the denial or revocation, the employee shall have no further involvement in the gambling operation.
(2)If an employee who is required to hold an employee work permit pursuant to this chapter has his or her employee work permit suspended, the employee shall be suspended in all capacities. Upon notifying the licensee of the suspension, the employee shall not be permitted to have any involvement in the gambling operation during the period of suspension.
(3)A licensed operator or service provider licensee shall not designate another employee to replace the employee whose employment was terminated or suspended, unless the other employee has an existing work permit.
(c)A licensed operator or service provider licensee shall not pay to a person whose employment has been terminated or suspended as described in subdivision (b) any remuneration for any service performed in any capacity in which the person is required to hold an employee work permit, except for amounts due for services rendered before the date of receipt of the notice.
(d)Except as provided in subdivision (b), a contract or agreement for the provision of services or property to a licensed operator or service provider licensee or for the conduct of any activity pertaining to the operation of an authorized poker Web site, that is to be performed by a person required by this chapter, or by regulation, to hold an employee work permit, shall be terminated upon a suspension or revocation of the persons employee work permit.
(e)If a contract or agreement for the provision of services or property to a licensed operator or service provider, licensee, or for the conduct of any activity at an authorized poker Web site, is to be performed by a person required by this chapter or by regulations adopted pursuant to this chapter, to hold an employee work permit, the contract or agreement shall be deemed to include a provision for its termination without liability on the part of the licensed operator or service provider licensee upon a suspension or revocation of the persons employee work permit. In any action brought by the commission to terminate a contract or agreement pursuant to subdivision (d) or this subdivision, it is not a defense that the contract or agreement does not expressly include the provision described in this subdivision, and the lack of express inclusion of the provision in the contract or agreement is not a basis for enforcement of the contract or agreement by a party to the contract or agreement.
7.Protection of Registered Players19990.701.A licensed operator shall use its best efforts to protect registered players. Subject to the approval of the department, and consistent with uniform standards established by the department by regulation, each licensed operator shall establish administrative procedures to resolve registered player complaints.
19990.702.(a)If a registered player has a complaint against a licensed operator, the exclusive remedy shall be to register the complaint with the department.
(b)The department shall establish regulations with respect to registered player disputes and complaints.
(c)Under the regulations, the department shall do all of the following:
(1)Investigate registered player complaints to determine if a licensed operator has failed to meet its obligations to a registered player.
(2)Attempt to resolve complaints by registered players if a licensed operator fails to meet an obligation to a registered player.
(3)Initiate enforcement actions to require specific performance of any obligation that the department has determined a licensed operator has failed to fulfill with respect to a registered player.
(d)A licensed operator may appeal any action by the department pursuant to this article to the superior court, which shall review the appeal de novo.
8.Financial Provisions for State Regulation and Unlawful Gambling Enforcement19990.801.The Treasurer shall transfer all amounts received pursuant to subdivision (a) of Section 19990.402, subdivision (e) of Section 19990.403, subdivision (b) of Section 19990.404, subdivisions (b) and (d) of Section 19990.405, subdivision (c) of Section 19990.519, and Section 19990.605 to the Controller for deposit in the Internet Poker Fund, which is created in the State Treasury, to be administered by the department. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the department and the commission, without regard to fiscal years, in the amounts necessary for the department and the commission to perform their duties under this chapter.
19990.802.(a)The Unlawful Gambling Enforcement Fund is hereby established within the General Fund for purposes of ensuring adequate resources for law enforcement charged with enforcing the prohibitions and protections of this chapter. The Unlawful Gambling Enforcement Fund shall be funded by depositing:
(1)____ percent of the The revenue from the civil penalties recovered by law enforcement authorities pursuant to Section 19990.803 into the fund prior to the distribution required under subdivision (c) of Section 19990.803.
(2)All amounts or property recovered pursuant to Section 19990.804.
(3)____ percent of the duties paid by licensed operators pursuant to subdivision (b) of Section 19990.519, after any distribution required by Section 19619.8.
(4)
(3)The revenue from the civil penalties recovered pursuant to subdivision (f) of Section 19990.501.
(b)Up to ____ ten million dollars ($____) ($10,000,000) in the fund may be expended annually by the Attorney General, upon appropriation by the Legislature, for the purposes of this chapter.
19990.803.(a)(1)Except as provided in subdivision (f) of Section 19990.501, a person who engages or conspires to engage in activities prohibited by this chapter, or in connection with the use of an Internet access device, engages in activities prohibited by Section 321, 322, 323, 324, 326, 330, 330a, 330b, 330c, 330.1, 330.4, or 331 of the Penal Code, is liable for a civil penalty not to exceed ____ dollars ($____) for each violation, the amount of which shall be determined by the court based on the criteria described in subdivision (b), in addition to any other penalty or remedy that may be imposed by law, which law. The civil penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, a county counsel authorized by agreement with the district attorney in an action involving the violation of a county ordinance, the city attorney of a city having a population in excess of 750,000 persons, the city attorney of a city and county, or, with the consent of the district attorney, the city prosecutor in a city with a full-time city prosecutor, in a court of competent jurisdiction.
(2)In addition to the imposition of a civil penalty, the court may order any person found liable to make restitution to any person injured as a result of the violation.
(b)In determining the amount of the civil penalty described in subdivision (a), the court shall consider any relevant circumstance presented by a party to the case, including, but not limited to, any of the following:
(1)The nature and seriousness of the misconduct.
(2)The number of violations.
(3)The persistence of the misconduct.
(4)The length of time over which the misconduct occurred.
(5)The willfulness of the defendants misconduct.
(6)The amount of illicit gain resulting from the misconduct.
(6)
(7)The defendants assets, liabilities, and net worth.
(c)(1)Subject to paragraph (1) of subdivision (a) of Section 19990.802, civil penalties recovered by law enforcement authorities pursuant to this section shall be allocated as follows:
(A)If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered for deposit into that countys general fund, and one-half to the Treasurer for deposit into the Unlawful Gambling Enforcement Fund.
(B)If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered for deposit into that countys general fund.
(C)If the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered for deposit into that citys general fund, and one-half to the treasurer of the county in which judgment was entered for deposit into that countys general fund. If the action is brought by the city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered.
(2)The revenue from all civil penalties allocated to the Unlawful Gambling Enforcement Fund pursuant to subparagraph (A) of paragraph (1), upon appropriation by the Legislature, shall be used by the Attorney General exclusively to support the investigation and enforcement of violations of Californias gambling laws, including the implementation of judgments obtained from prosecution and investigation of those violations and violations of, in connection with the use of an Internet access device, Sections 321, 322, 323, 324, 326, 330, 330a, 330b, 330c, 330.1, 330.4, and 331 of the Penal Code, and other activities that are in furtherance of this chapter.
(3)The revenue from all civil penalties allocated to the treasurer of the county, city, or city and county in which the judgment was entered pursuant to subparagraphs (A), (B), and (C) of paragraph (1) shall be for the exclusive use of the district attorney, the county counsel, the city attorney, or the city prosecutor, whichever is applicable, for the enforcement of this chapter and existing laws prohibiting illegal gambling activity.
19990.804.(a)Any money, other representative of value, or real or personal property used in, or derived from, the play of a game provided on the Internet that is not authorized by the state pursuant to this chapter is subject to seizure by the department or by a peace officer.
(b)Upon a finding by a court that the money, other representative of value, or real or personal property was used in, or derived from, the play of a game provided on the Internet that is not authorized by the state pursuant to this chapter, that money or property shall be forfeited to the Unlawful Gambling Enforcement Fund established in Section 19990.802.
9.Preemption of Local Regulation19990.901.A city, county, or city and county shall not regulate, tax, or enter into a contract with respect to any matter related to this chapter. This section does not prohibit or limit the investigation and prosecution of any violation of this chapter.
10.Reports to the Legislature19990.1001.Notwithstanding Section 10231.5 of the Government Code, within one year of the operative date of this chapter, and annually thereafter, the commission, in consultation with the department, the Treasurer, and the Franchise Tax Board, shall issue a report to the Legislature describing the states efforts to meet the policy goals articulated in this chapter. The report shall be submitted in compliance with Section 9795 of the Government Code.
19990.1002.(a)At least four years after the issue date of any license pursuant to this chapter, but no later than five years after that date, the Bureau of State Audits shall issue a report to the Legislature detailing the implementation of this chapter.
(b)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
11.Partial Severability and Repeal of Chapter19990.1101.(a)Except as provided in subdivision (b), the provisions of this chapter are severable. If any provision of this chapter, other than those listed in subdivision (b), or its application, is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(b)(1)The following provisions of this chapter are not severable:
(A)Establishing poker as the only permissible Internet gambling game.
(B)Prohibiting persons or entities who have been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity, from being licensed under this chapter.
(B)Any provision in Article 4 (commencing with Section 19990.401), and any related definition, that governs the licensing of operators and service providers.
(C)Any provision in Article 5 (commencing with Section 19990.501), and any related definition, that sets forth the requirements for the operation of an authorized poker Web site.
(D)Section 19990.306, and any related definition, that prohibits the aggregation of computers or devices.
(C)
(E)Limiting the entities that are eligible for an operator license.
(2)If any of the provisions identified in paragraph (1), or application of those provisions to any person or circumstances, is held invalid, the entire chapter shall be invalid.
19990.1102.This chapter shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.
SEC. 3.The Legislature finds and declares that Chapter 5.2 (commencing with Section 19990.101) of Division 8 of the Business and Professions Code, as added by Section 2 of this act, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The limitations on the peoples right of access set forth in this act are necessary to protect the privacy and integrity of information submitted by registered players as well as the proprietary information of the license applicants and licensees.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 5.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the interests of Californians who play online gambling games and to ensure that people play fair games, that the state realizes the revenues, and that suitable persons operate authorized poker Web sites, it is necessary that this act take effect immediately.
The first sixty million dollars ($60,000,000) moneys collected each fiscal year pursuant to subdivisions (a) and (b) of Section 19990.519 shall be deposited as follows:
(a)Ninety-five percent Eighty-five percent, in an amount not to exceed fifty-seven million dollars ($57,000,000), in the California Horse Racing Internet Poker Account, which is hereby created in the General Fund. Notwithstanding Section 13340 of the Government Code, the funds in the California Horse Racing Internet Poker Account are continuously appropriated to the board, which shall annually distribute the funds in the California Horse Racing Internet Poker Account according to all of the following:
(1)One and three-twentieths percent to the defined contribution retirement plan for California-licensed jockeys established pursuant to paragraph (1) of subdivision (i) of Section 19604 and administered as specified in this chapter.
(2)One and three-twentieths percent to provide health and welfare benefits for California-licensed jockeys, former California-licensed jockeys, and their dependents pursuant to Section 19612.9.
(3)Two and three-tenths percent to supplement the pension plan for parimutuel employees administered on behalf of the labor organization that has historically represented the employees who accept or process any form of wagering at the horse racing meetings and for other entities licensed to conduct wagering on horse races in California. Moneys distributed pursuant to this paragraph shall supplement, and not supplant, moneys distributed to that fund pursuant to this chapter or any other law.
(4)Ninety-five and four-tenths percent to racing associations or fairs as commissions, to horsemen participating in the racing meeting in the form of purses, and as incentive awards, in the same relative proportion as they were generated or earned at each racing association or fair on races conducted or imported by that racing association or fair during the prior calendar year. Notwithstanding any other law, the distributions with respect to each breed of racing may be altered upon the approval of the board, in accordance with an agreement signed by the respective associations, fairs, horsemens organizations, and breeders organizations receiving those distributions.
(b)Five percent percent, in an amount not to exceed three million dollars ($3,000,000), to the State Treasury to the credit of the Fair and Exposition Fund, to be deposited in the separate account in the fund specified in Section 19606.1 to benefit state designated fairs as defined in Sections 19418, 19418.1, 19418.2, and 19418.3. Revenues deposited into the separate account in the fund pursuant to this section, notwithstanding Section 19606.1 or any other law to the contrary, shall be allocated only to fairs in Class I to IV+, inclusive, as classified by the department pursuant to Section 4507 of the Food and Agricultural Code.
SEC. 2.Chapter 5.2 (commencing with Section 19990.101) is added to Division 8 of the Business and Professions Code, to read:5.2.The Internet Poker Consumer Protection Act of 20161.Title and Legislative Declarations19990.101.This chapter shall be known and may be cited as the Internet Poker Consumer Protection Act of 2016.
19990.102.The Legislature hereby finds and declares all of the following:
(a)In October 2006, the United States Congress passed the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) (31 U.S.C. Secs. 5361 et seq.), which generally prohibits the use of banking instruments, including credit cards, checks, and fund transfers, for interstate Internet gambling.
(b)UIGEA essentially prohibits online gambling by United States citizens, but includes exceptions that permit individual states to create a regulatory framework to enable intrastate Internet gambling, if the bets or wagers are made exclusively within a single state under certain circumstances.
(c)This chapter shall only authorize poker games to be played via the Internet. No other game may be played via the Internet pursuant to this chapter.
2.Definitions19990.201.For the purposes of this chapter, the following words have the following meanings:
(a)Authorized Internet poker game means any of several card games, duly authorized by the department and played on an authorized poker Web site, that meet the definition of poker as specified by this section.
(b)Authorized poker Web site means a Web site on which authorized Internet poker games are offered for play by a licensed operator pursuant to this chapter.
(c)Background investigation means a process of reviewing and compiling personal and criminal history and financial information through inquiries of various law enforcement and public sources to establish a persons qualifications and suitability for any necessary license or employee work permit issued pursuant to this chapter.
(d)Bet means the placement of a wager in a game.
(e)Card room means a gambling enterprise, as defined in subdivision (m) of Section 19805.
(f)Commission means the California Gambling Control Commission.
(g)Core functions and core functioning mean any of the following:
(1)The management, administration, or control of bets on authorized Internet poker games.
(2)The management, administration, or control of the games with which those bets are associated.
(3)The development, maintenance, provision, or operation of a gaming system.
(h)Corporate affiliate means any person controlled by, controlling, or under common ownership with, another person or entity. A person or entity will be deemed to control another person or entity if it possesses, directly or indirectly, the power to direct the management or policies of the other entity, whether through ownership of voting interests or otherwise, or if, regardless of whether or not it has that power, it holds 10 percent or more of the ownership or control of the other entity, whether as a stockholder, partner, member, trust interest, or otherwise.
(i)Department means the Department of Justice.
(j)Determination of suitability or suitability review means the process, including, but not limited to, conducting a background investigation, to determine whether an applicant for a license or employee work permit issued pursuant to this chapter meets the qualification criteria described in this chapter or whether the applicant is disqualified on any of the grounds specified in this chapter.
(k)(1)(A)Eligible entity includes both of the following:
(i)A card room that operates pursuant to Chapter 5 (commencing with Section 19800) whose owner or owners have been authorized, subject to oversight by, and in good standing with, the applicable state regulatory authorities.
(ii)A federally recognized California Indian tribe that operates a gaming facility pursuant to a facility license issued in accordance with a tribal gaming ordinance approved by the Chair of the National Indian Gaming Commission and that is eligible to conduct real-money poker at that facility.
(B)An entity identified in this paragraph shall have operated its land-based gaming facility for at least three years immediately preceding its application to secure a license to operate an Internet poker Web site pursuant to this chapter, and shall be in good standing during that time period with the applicable federal, state, and tribal regulatory authorities.
(2)A group consisting of any combination of tribes and card rooms is eligible to jointly apply for a license pursuant to this chapter, through an entity organized under state or federal law, if each entity within the group independently satisfies the requisite eligibility requirements identified in this chapter.
(3)Subject to any applicable limited waiver of sovereign immunity as set forth in subdivision (d) of Section 19990.402, this chapter does not restrict a tribal licensee from participating as an instrumentality of a tribal government or a political subdivision of a tribe, or from forming a separate business entity organized under federal, state, or tribal law.
(4)A tribe that operates a gaming facility that accepts bets from players within this state but who are not physically present on Indian lands when making those bets is not an eligible entity, unless those bets are accepted on authorized Internet poker games played on an authorized poker Web site.
(l)Employee means any natural person employed in, or serving as a consultant or independent contractor with respect to, the core functioning of the actual operation of an authorized poker Web site.
(m)Employee work permit means a permit issued to an employee of the licensed operator or a service provider, or to a nonemployee owner, officer, or director of a licensed operator, by the commission pursuant to this chapter.
(n)Gambling means to deal, operate, carry on, conduct, maintain, or expose for play any game for money.
(o)Game means any gambling game.
(p)Gaming system means the technology, including hardware and software, used by a licensee to facilitate the offering of authorized Internet poker games to registered players.
(q)Good standing means that a person has not had a gambling license suspended or revoked by a final decision of the commission or been finally ordered by a court of competent jurisdiction to cease conducting gaming activities.
(r)(1)Gross gaming revenues means the total amount of moneys paid by players to the operator to participate in authorized games before deducting the cost of operating those activities except for fees to marketing affiliates and payment processing fees.
(2)Gross gaming revenues do not include player account deposits or amounts bet, except to the extent any portion of those bets are retained as fees by the operator, discounts on goods or services, rebates or promotional discounts or stakes provided to players, or revenues from nongaming sources, such as from food, beverages, souvenirs, advertising, clothing, and other nongaming sources.
(s)IGRA means the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.).
(t)Initial operator license means an operator license that is issued pursuant to subdivision (h) of Section 19990.402.
(u)Internet access device means a personal computer or mobile communications device used for connecting to the Internet.
(v)Internet Poker Fund means the fund established pursuant to Section 19990.801.
(w)Intrastate means within the borders and jurisdiction of California.
(x)Key employee means any natural person employed by a licensed operator, service provider, or marketing affiliate, or by a holding or intermediary company of a licensed operator, service provider, or marketing affiliate, who is an officer or director of the licensed operator or service provider, or who, in the judgment of the commission, has the authority to exercise significant influence over decisions concerning the operation of the licensed operator or service provider as that operation relates to the Internet poker authorized by this chapter.
(y)Land-based gaming facility means a gambling establishment, as defined in subdivision (o) of Section 19805, that is operated pursuant to Chapter 5 (commencing with Section 19800), or a casino operated by a tribe on Indian land in California.
(z)Licensed operator means an eligible entity licensed pursuant to this chapter to offer the play of authorized Internet poker games to registered players on an authorized poker Web site.
(aa)Licensed service provider means a person licensed pursuant to this chapter to provide goods or services to a licensed operator for use in the operation of an authorized poker Web site.
(ab)Licensee means a licensed operator or licensed service provider.
(ac)Net position means the residual difference between assets and liabilities, as defined by generally accepted accounting principles.
(ad)Online self-exclusion form means a form on which an individual notifies a licensed operator that he or she must be excluded from participation in authorized Internet poker games for a stated period of time.
(ae)Owner means any person that is eligible to own a land-based gaming facility in California and that has a financial interest in, or control of, a person or entity required to be found suitable under this chapter, including shareholders, partners, and members of limited liability companies holding more than 10 percent of the equity or voting control of the person or entity and any person found by the commission to be exerting management or control of the person or entity in fact. An owner of a licensed operator shall include only those persons eligible to own a land-based gaming facility in California. Owner does not include the members or government officials of a tribe.
(af)Per hand charge means the amount charged by the licensed operator for registered players to play in a per hand game.
(ag)Per hand game means an authorized Internet poker game for which the licensed operator charges the player for each hand played.
(ah)Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity, including any federally recognized California Indian tribe, or an entity that is wholly owned by the tribe.
(ai)Play-for-fun game means a version of a lawfully played gambling game in which there is no requirement to pay to play or any possibility of winning any prize or other consideration of value, including, but not limited to, games offered only for purposes of training, education, marketing, or amusement.
(aj)Play-for-free game means a version of a lawfully played gambling game that may include prizes or pots, without requiring a fee or other consideration for the right to play.
(ak)Play settings means the options and default parameters made available by a licensed operator to a registered player in the play of authorized Internet poker games.
(al)(1)Poker means any of several nonbanked card games commonly referred to as poker that meet all of the following criteria:
(A)Played by two or more individuals who bet and play against each player and not against the house on cards dealt to each player out of a common deck of cards for each round of play, including those games played over the Internet using electronically generated and displayed virtual cards.
(B)The object of the game is to hold or draw to a hand containing a predetermined number of cards that, when all cards to be dealt in the round have been distributed and the betting is completed, meets or exceeds the value of the hands held by the other players. The pot of bets made is awarded to the player or players holding the combination of cards that qualify as the winning combination under the rules of play. Values may be assigned to cards or combinations of cards in various ways, including in accordance with their face value, the combinations of cards held, such as cards of a similar suit or face value, the order of the cards that are held, or other values announced before the round.
(C)The house may deal or operate and officiate the game, and may collect a fee for doing so, but is not a participant in the game itself. The house has no stake in who wins or loses.
(D)Poker may be played in a variety of ways, including dealing all cards to the players so that they may not be seen by others, dealing the cards open face to the players, dealing through a combination of both, or creating a common set of cards that may be used by all players. The particular rules and winning combinations are made known to the players before each round is dealt.
(E)All bets are placed in a common pot. At one or more predetermined points during the game a player may resign, challenge other players to make additional bets into the pot, or demand that players reveal their hand so a winner can be determined.
(F)A poker game that has been approved by the department for play in an authorized live poker room in California pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800)) shall be eligible for qualification by the department as the basis of an authorized Internet poker gambling game, except that pai gow and any other game in which persons other than authorized players to whom the cards in the game have been dealt, and by whom they are held and played, are permitted to bet on a game outcome or other game feature or may in any way control or influence the play of the hand, shall not be authorized, offered, or played in connection with an authorized Internet poker game. Subject to this limitation, the rules governing play in an authorized Internet poker game pursuant to this chapter shall generally be the same as if the game were lawfully played in a live poker room.
(G)An authorized Internet poker game shall not include a player-dealer position.
(H)Video games, slot machines, and other similar devices that individuals play against the house or device and win based on valuations or combinations of cards that are similar to those valuations or combinations used in live, interactive poker games, commonly known as video poker and video lottery, are not poker and are not permitted under this chapter.
(2)Other characteristics defining poker pursuant to this chapter include any of the following:
(A)Live players with equal chances of winning competing against each other over the Internet in real time and not against the house or any device.
(B)Success over time may be influenced by the skill of the player.
(C)The bets of one player may affect the decisions of another player in the game, and the decisions of one player may affect the success or failure of another.
(3)The term poker includes poker tournaments in which players pay a fee to the operator of the tournament under tournament rules approved by the applicable gaming regulatory agency.
(am)Proprietary information means all information, including, but not limited to, computer programs, databases, data, algorithms, formulae, expertise, improvements, discoveries, concepts, inventions, developments, methods, designs, analyses, drawings, techniques, strategies, new products, reports, unpublished financial statements, budgets, projections, billing practices, pricing data, contacts, client and supplier lists, business and marketing records, working papers, files, systems, plans, and all related registrations and applications, that, whether or not patentable or registerable under patent, copyright, trademark, or similar statutes, meet either of the following:
(1)The information can be protected as a trade secret under California law or any other applicable state, federal, or foreign law.
(2)The information derives independent economic value, actual or potential, from not being generally known to the public or to other persons that can obtain economic value from its disclosure or use.
(an)Proxy player means a machine, device, or agent, other than the registered player, that is used to play an authorized Internet poker game.
(ao)Registered player means a player who has registered with a licensed operator to play authorized Internet poker games on the licensed operators authorized poker Web site.
(ap)Registration information means the information provided by a person to a licensed operator in order to become a registered player.
(aq)Robotic play means the use of a machine or software to automate the next player action at any point in a game, including the use of a proxy player.
(ar)(1)Service provider means any person, other than an employee, that does any of the following:
(A)On behalf of a licensed operator, manages, administers, or controls bets on authorized Internet poker games provided over the Internet by a licensee pursuant to this chapter.
(B)On behalf of a licensed operator, manages, administers, or controls the games with which the bets described in subparagraph (A) are associated.
(C)On behalf of a licensed operator, develops, maintains, provides, or operates a gaming system.
(D)Sells, licenses, or otherwise receives compensation for selling or licensing, information on individuals in California who made bets on games over the Internet that were not authorized pursuant to this chapter.
(E)Provides any product, service, financing, or asset to a licensed operator and is paid a percentage of gaming revenue by the licensed operator, not including fees to financial institutions and payment providers for facilitating a deposit by a customer.
(F)Provides intellectual property, including trademarks, trade names, service marks, or similar intellectual property under which a licensed operator identifies its games to its customers.
(G)Receives compensation as part of an affiliate marketing program from bringing players or potential players to a licensed operators authorized poker Web site.
(2)Service provider does not include a provider of goods or services that provides similar goods or services to the public for purposes other than the operation of an authorized poker Web site, including, but not limited to, payment processors and geolocation service providers.
(as)State means the State of California.
(at)Terms of Use Registered Players Agreement means the agreement offered by a licensed operator and accepted by a registered player delineating, among other things, permissible and impermissible activities on an authorized poker Web site and the consequences of engaging in impermissible activities.
(au)Tournament means a competition approved by the department in which registered players play a series of authorized Internet poker games to decide the winner.
(av)Tournament charge means the amount charged by the licensed operator for registered players to play in a tournament.
(aw)Tournament winnings means the amount of any prize awarded to a registered player in a tournament.
(ax)Tribal gaming regulatory authority means the gaming regulatory authority of a federally recognized California Indian tribe that has the authority to regulate gaming on the tribes Indian lands pursuant to IGRA.
(ay)Tribe means a federally recognized California Indian tribe, including, but not limited to, the governing body of that tribe or any entity that is wholly owned by the tribe.
(az)Unlawful Gambling Enforcement Fund means the fund established pursuant to Section 19990.802, the revenue of which is dedicated to enforcing the prohibitions of this chapter.
3.Intrastate Internet Poker in California19990.301.Under the federal Unlawful Internet Gambling Enforcement Act of 2006, California is permitted to authorize games played via the Internet as long as all players and the online wagering is located within the jurisdiction of the state and the games are not played by minors.
19990.302.Notwithstanding any other law, a person who is 21 years of age or older and located within California is hereby permitted to participate as a registered player in an authorized Internet poker game provided by a licensed operator on an authorized poker Web site.
19990.303.(a)A person shall not do any of the following:
(1)Offer any game of poker on the Internet in this state unless that person holds a valid license issued by the commission to offer the play of authorized Internet poker games on an authorized poker Web site pursuant to this chapter.
(2)Offer to any player located within California any game provided on the Internet that is not authorized by the state pursuant to this chapter.
(3)As a player located in this state, play any game provided on the Internet that is not authorized by the state pursuant to this chapter.
(b)Subject to an opportunity to cure pursuant to Section 19990.521, a violation of this chapter is a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
19990.304.This chapter does not limit or restrict activities or conduct permitted pursuant to Chapter 5 (commencing with Section 19800) or IGRA.
19990.305.This chapter does not authorize any game offered in Nevada or New Jersey other than poker.
19990.306.A person shall not do either of the following:
(a)Aggregate computers or any other Internet access device in a place of public accommodation within the state, including a club or other association, or a public or other setting, that can accommodate multiple players to simultaneously play an authorized Internet poker game.
(b)Promote, facilitate, or market the activity described in subdivision (a).
19990.307.This chapter does not apply to play-for-fun or play-for-free games.
4.Licensing of Operators and Service Providers19990.401.(a)(1)Within 270 days after the effective date of this chapter, the commission, and any other state agency with a duty pursuant to this chapter, shall, in consultation with the department and tribes, adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this chapter, and to facilitate the operation of authorized poker Web sites and expedite the states receipt of revenues in compliance with this chapter. The initial adoption, amendment, or repeal of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the commission and those other state agencies are hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption, amendment, or repeal of an emergency regulation pursuant to this section, the commission and those other state agencies shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code, but shall promulgate permanent regulations in accordance with all applicable law.
(2)The regulations adopted by the commission shall at a minimum address all of the following:
(A)Underage gambling and problem gambling.
(B)Gaming system technical standards and practices.
(C)Hardware and software standards and compliance.
(D)License and work permit issuance and processes.
(E)Suitability standards and determinations.
(F)Temporary, provisional, and emergency approvals.
(G)Effect of receiverships, bankruptcy, insolvency, inheritance, and trusts affecting ownership of a licensee.
(H)Appeals from adverse decisions.
(3)The regulations adopted by the department shall at a minimum address all of the following:
(A)Approval of an authorized Internet poker game.
(B)Authorized Internet poker game rules.
(C)Authorized Internet poker gaming activities.
(D)Registered player-assessed fees, as necessary.
(E)In order to assist the departments enforcement of Section 19990.526, a procedure for the department to access any list of customers or any database containing customer information that was accrued or created by a licensed service provider prior to the effective date of the regulations described in this subdivision.
(b)(1)Each state agency with a duty pursuant to this chapter shall identify a point of contact at that agency and describe the responsibility of the contact with respect to the state agencys duty.
(2)Any notice provided by a licensee to a state agency pursuant to this chapter shall be addressed to the contact identified by the state agency pursuant to paragraph (1).
(3)Unless otherwise provided by this chapter, notice by a licensee to a state agency shall be deemed effective once it is received by the agency and deemed to be complete. An application or notice is not deemed complete until all pertinent documents, information, and fees are submitted to the department.
19990.402.(a)Authorized Internet poker games may be offered only by entities licensed pursuant to this chapter. An eligible entity seeking to offer authorized Internet poker games shall apply to the department for a determination of suitability. If the department determines the applicant is suitable to receive a license, the applicant shall then apply to the commission for an operator license. The applicant shall pay an application processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
(b)Employees of the licensed operator shall undergo a suitability review and obtain work permits pursuant to Article 6 (commencing with Section 19990.601). Owners, officers, and directors of licensed operators shall also undergo a suitability review and obtain employee work permits pursuant to Article 6 (commencing with Section 19990.601). The commission may refuse to issue a license to an applicant, or suspend or revoke a license of a licensed operator, that fails to comply with this requirement.
(c)In order to ensure that licensed operators are not mere facades for unlicensed, unqualified, or undisclosed interests, an applicant for an operator license pursuant to this chapter shall provide documentation to the commission establishing that, if the license is granted, the license applicant will be able, through its own net position or through credit extended directly to the applicant, and with full recourse to it, by a federally or state chartered financial institution not involved with the core functions of the authorized poker Web site, that is entirely secured by an equivalent amount of its own net position, to pay the license deposit required by subdivision (a) of Section 19990.519. In addition, a licensed operator shall submit regular financial reports to the department establishing that the operator meets financial viability requirements, as determined by the commission. The commission may terminate a license if the operator fails to submit the required reports or meet the financial viability requirements.
(d)An applicant for an operator license pursuant to this chapter that is a tribe shall include with its license application a limited waiver of the applicants sovereign immunity. This limited waiver shall apply exclusively to the state, and no other party, solely for the limited purpose of enforcing this chapter and any regulations adopted pursuant to this chapter, and with regard to any claim, sanction, or penalty arising therefrom under this chapter or any regulations adopted pursuant to this chapter against the licensed operator by the state, and for no other purpose.
(e)The commission shall issue an operator license to an applicant determined by the commission to qualify as an eligible entity within 150 days of receiving an application, if the applicant has already been subjected to a determination of suitability by the department and has been approved by the department to apply to the commission for licensure. All applicants shall undergo a determination of suitability prior to applying for an eligibility determination by the commission.
(f)The state may issue operator licenses only to eligible entities identified within this chapter. Any of the eligible entities may jointly apply for an operator license, either as a consortium or by forming an entity comprised entirely of eligible entities. Each eligible entity may have an interest in only a single operator license.
(g)An operator license denoting full licensure shall be issued for a term of seven years. Subject to the power of the commission to revoke, suspend, condition, or limit any license, as provided in this chapter, a license shall be automatically renewed every seven years thereafter upon application. Failure of a licensed operator to file an application for renewal may be deemed a surrender of the license.
(h)Each initial operator license issued pursuant to this section shall take effect on the same date. That date shall be one year after the effective date of the regulations described in Section 19990.401, unless the commission determines that good cause exists for those licenses to take effect in unison on a subsequent date. Each initial operator license shall be a temporary license, and shall be issued for a term of no longer than two years. The issuance of an initial operator license does not guarantee full licensure.
(i)A licensed operator may cease its operations after providing the department with a 90-day advance notice of its intent and a statement explaining its reasons for doing so, which may include the fact that continuing to operate the authorized poker Web site is commercially infeasible. In response to that notice, the state may file an action in the Superior Court of the County of Sacramento as it deems necessary to protect any state interests, including, but not limited to, the interests of registered players.
19990.403.(a)A licensees employees in direct contact with registered players shall be physically present in the state.
(b)All primary servers, facilities, bank accounts, and accounting records of the licensee related to authorized Internet poker shall be located in the state, except for redundant servers and except as may be permitted by the commission for a service provider, if the service provider ensures access to and jurisdiction over the relevant servers, facilities, bank accounts, and accounting records.
(c)Notwithstanding subdivisions (a) and (b), a licensee may request, and the department may approve, the licensees use of personnel, servers, facilities, bank accounts, and accounting records not physically present in the state when necessary to protect registered players and state interests, for the purposes of diagnosing and addressing technological problems, investigating fraud and collusion, and developing and supervising software and configuration changes.
(d)In addition to any other confidentiality protections afforded to license applicants, the state and its agencies shall treat the proprietary information of a license applicant as confidential to protect the license applicant and to protect the security of any prospective authorized poker Web site. This chapter does not prohibit the exchange of confidential information among state agencies considering a license application. The confidentiality provisions of this chapter exempt proprietary information supplied by a license applicant to a state agency from public disclosure consistent with subdivision (b) of Section 6253 of the Government Code.
(e)A license applicant shall submit to the department, together with its application, an application processing fee as specified in subdivision (a) of Section 19990.402. All moneys collected by the state pursuant to this subdivision shall be deposited into the Internet Poker Fund.
19990.404.(a)An entity seeking to act as a service provider shall apply to the department for a determination of suitability. If the department determines the applicant is suitable to receive a license, the applicant shall then apply to the commission for a service provider license, and obtain a service provider license, before providing goods or services to a licensed operator in connection with the operation of an authorized poker Web site. The commission may impose limitations and conditions upon the issuance of the service provider license or the utilization of the applicants assets acquired before the enactment of the act that added this section, or both, with respect to its operations in the state.
(b)The department shall review the suitability of an applicant for a service provider license. The applicant for a service provider license shall pay an application processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
(c)The department may establish a process to conduct a preliminary determination of suitability based on a partial investigation. A partial investigation is intended to screen out applicants that do not meet the suitability requirements of this chapter. A partial investigation shall include fingerprint-based state and federal criminal history checks and clearances, and inquiries into various public databases regarding credit history and any civil litigation. A partial investigation shall also include a review of the service providers financial status, which shall include the submission of a report prepared by a forensic accounting, audit, or investigative firm approved by the department, in a format developed by the department, and at the service providers expense. The report shall include the financial information necessary for the department to make a preliminary determination of suitability. The department may specify additional requirements regarding the contents of the report and any other financial information or documentation required to be submitted. A full investigation shall be conducted of only those service providers that pass the partial investigation and that will undergo a full investigation pursuant to subdivision (d). Those service providers that are awarded a preliminary determination of suitability based on a partial investigation are not guaranteed full licensure. Those service providers that do not pass the partial investigation may appeal the decision to the commission.
(d)Before the commission issues a service provider license to an applicant, the department shall conduct the full investigation required by this section of all of the following persons:
(1)All officers of the license applicant.
(2)The owner or owners of either of the following:
(A)The license applicant.
(B)Any corporate affiliate of the license applicant.
(3)Any persons otherwise providing goods to, or performing services for, the license applicant related to core functions.
(4)Any person deemed by the department to have significant influence over the license applicant or its service providers or their respective operations.
(5)In the case of a tribe or a wholly owned tribal entity that is a service provider, the investigation shall be limited to the business officers of the tribal entity that will serve as the service provider.
(e)A full investigation shall include a review and evaluation of the service providers qualifications and experience to provide the services anticipated, which shall include the required submission of a report prepared on each service provider by an outside firm contracted and supervised by the department, in a format developed by the department, and at the service providers expense. The report shall include information necessary for the department to make a determination of suitability, as specified in regulations adopted pursuant to this chapter, consisting of, but not limited to, personal history, prior activities and associations, credit history, civil litigation, any indictments, past and present financial affairs and standing, and business activities, including whether the applicant or an affiliate of the applicant has a financial interest in any business or organization that is or was engaged in any form of gaming or transactions related to gaming prohibited by the law of the federal or state jurisdiction in which those activities took place. The department shall consult with officials of the United States Department of Justice, other states, and international jurisdiction where the applicant has sought to be or has been licensed. The department may specify additional requirements regarding the contents of the report and other information or documentation required to be submitted.
(f)(1)Unless licensed or authorized pursuant to this chapter or comparable federal or state law in the jurisdiction where the bet or wager was made or the facilitation of the wager or financial transaction occurred, there is a rebuttable presumption that an applicant for a service provider license is unsuitable if either of the following occurred:
(A)The applicant, or its corporate or marketing affiliate, accepted a bet or wager on any form of Internet gambling, or engaged in a transaction relating to those bets or wagers, from a person located in the United States after December 31, 2011.
(B)A member of the board of directors or the ultimate parent company of, the chief executive officer of, or a shareholder holding more than 10 percent of the shares of, the applicant, or its corporate or marketing affiliate, was directly involved in an executive decisionmaking capacity in facilitating a wager or financial transaction relating to Internet gambling in the United States and that person remains affiliated with the applicant at the time of the application.
(f)(1)There is a rebuttable presumption that an applicant for a service provider license is unsuitable if either of the following occurred:
(A)A member of the board of directors of, the chief executive officer of, or a shareholder holding more than 10 percent of the shares of the applicant, or its corporate affiliate, has held a similar or equivalent position with an organization that knowingly and willfully accepted a bet, or engaged in a financial transaction related to that bet, after December 31, 2006, from a person located in the United States on any form of Internet gambling, including, but not limited to, poker, that was not affirmatively authorized by the law of the United States, or of the state in which the bet or related financial transaction was initiated, or that was otherwise legal.
(B)A member of the board of directors of, the chief executive officer of, or a shareholder holding more than 10 percent of the shares of the applicant, or its corporate affiliate, has held a similar or equivalent position with an organization that knowingly facilitated or otherwise provided services with respect to bets, or engaged in a financial transaction related to those bets, after December 31, 2006, involving persons located in the United States, and acted with knowledge of the fact that those bets or financial transactions were not affirmatively authorized by the law of the United States, or of the state in which the bet or related financial transaction was initiated, or that was otherwise legal.
(2)An applicant may rebut the presumption described in paragraph (1) by proving to the department, by a preponderance of the evidence, any of the following:
(A)The acceptance of the bet or wager, the engagement in the transaction, or the facilitation of the wager or financial transaction was not knowing or intentional.
(B)The bet or wager was accepted, or the transaction was engaged in, notwithstanding reasonable efforts by the applicant, or its corporate or marketing affiliate, to exclude bets or wagers from the person.
(C)The acceptance of the bet or wager, the engagement in the transaction, or the facilitation of the wager or financial transaction occurred within a reasonable time period in order to cease those activities in the United States.
(D)The person described in subparagraph (B) of paragraph (1) is no longer affiliated with the applicant.
(3)This subdivision shall not limit the departments authority to make a determination regarding suitability pursuant to Section 19990.405.
(g)(1) Except as provided in paragraph (2), an applicant for a service provider license shall not be granted a license until January 1, 2021, if the applicant, or its corporate or marketing affiliate, accepted a bet or wager on any form of Internet gambling, or engaged in a transaction related to those bets or wagers, and both of the following conditions are met:
(A)The bet or wager was accepted between December 31, 2006, and December 31, 2011, from a person located in the United States.
(B)The applicant did not have a license or authority pursuant to comparable federal or state law in a jurisdiction where the bet or wager was made or the facilitation of the wager or financial transaction occurred.
(2)If an applicant for a service provider license meets the description in paragraph (1), the applicant, if he or she otherwise meets the qualifications and suitability criteria under this chapter, shall pay a one-time fee in the amount of twenty million dollars ($20,000,000), to be deposited into the General Fund, to obtain a service provider license before January 1, 2021.
(g)
(h)An institutional investor holding less than 10 percent of the equity securities of a service providers holding or intermediary companies shall be granted a waiver of a determination of suitability or other requirement if all of the following apply:
(1)The securities are those of a corporation, whether publicly traded or privately held.
(2)Holdings of those securities were purchased for investment purposes only.
(3)The institutional investor annually files a certified statement with the department to the effect that it has no intention of influencing or affecting the affairs of the issuer, the licensee, or service provider, as applicable, or its holding or intermediary companies.
(4)Notwithstanding paragraph (3), the institutional investor may vote on matters submitted to the vote of the outstanding security holders after the investor has been issued a license.
(5)The certification described in paragraph (3) shall do all of the following:
(A)Include a statement that the institutional investor beneficially owns the equity securities of the corporation for investment purposes only, and in the ordinary course of business as an institutional investor, and not for the purposes of causing, directly or indirectly, the election of members of the board of directors, or effecting a change in the corporate charter, bylaws, management, policies, or operations of the corporation of any of its affiliates.
(B)Indicate any changes to the structure or operations of the institutional investor that could affect its classification as an institutional investor, as that term is listed in paragraph (8).
(C)State that the institutional investor and corporation shall maintain gaming compliance policies and procedures to implement and ensure compliance with this chapter and regulations adopted pursuant to this chapter.
(6)An institutional investor granted a waiver under this subdivision that subsequently decides to influence or affect the affairs of the issuer shall provide not less than 30 days notice of that intent and shall file with the department a request for determination of suitability before taking an action that may influence or affect the affairs of the issuer. An institutional investor shall not vote prior to being issued a license. If an institutional investor changes its investment intent, or the department finds reasonable cause to believe that the institutional investor may be found unsuitable, the institutional investor shall take no action other than divestiture with respect to its security holdings until it has complied with any requirements established by the department, which may include the execution of a trust agreement. The institutional investor and its relevant holding, related, or subsidiary companies shall immediately notify the department and, if a tribal license is involved, the tribal gaming regulatory authority, of any information about, or actions of, an institutional investor holding its equity securities when that information or action may impact upon the eligibility of the institutional investor for a waiver pursuant to paragraph (2).
(7)If at any time the department finds that an institutional investor holding a security of a licensee under this chapter has failed to comply with the terms of this chapter, or if at any time the department finds that, by reason of the extent or nature of its holdings, whether of debt or equity securities, an institutional investor is in a position to exercise such a substantial impact upon the controlling interests of a licensee that investigation and determination of suitability of the institutional investor are necessary to protect the public interest, the department may take any necessary action otherwise authorized by this chapter to protect the public interest.
(8)For purposes of this subdivision, an institutional investor includes all of the following:
(A)A retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees.
(B)An investment company registered under the federal Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
(C)A collective investment trust organized by banks under Part 9 of the Rules of the Office of the Comptroller of the Currency (12 C.F.R. Sec. 9.1 et seq.).
(D)A closed-end investment trust.
(E)A chartered or licensed life insurance company or property and casualty insurance company.
(F)A federally or state-regulated bank, savings and loan, or other federally or state-regulated lending institution.
(G)An investment adviser registered under the federal Investment Advisers Act of 1940 (15 U.S.C. Sec. 80b-1 et seq.).
(h)
(i)An agreement between a licensed operator and a service provider that is a horse racing association operating pursuant to Chapter 4 (commencing with Section 19400) shall ensure that at least 50 percent of the gross gaming revenue that the licensed operator derives from the service provided by the service provider is paid to the service provider.
19990.405.(a)The department shall issue a finding that a license applicant is suitable to obtain a license only if, based on all of the information and documents submitted, the department is satisfied that each of the persons subject to a determination of suitability pursuant to this article is both of the following:
(1)A person of good character, honesty, and integrity, or, if an entity, in good standing in its jurisdiction of organization and in all other jurisdictions in which it is qualified, or should be qualified, to do business.
(2)A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest of the state, or to the effective regulation and control of authorized Internet poker games, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of authorized Internet poker games or in the carrying on of the business and financial arrangements incidental thereto.
(b)The department shall issue a finding that a license applicant is not suitable to obtain a license if it finds that a person subject to a determination of suitability pursuant to this article is described by any of the following:
(1)The person failed to clearly establish eligibility and qualifications in accordance with this chapter.
(2)The person failed to timely provide information, documentation, and assurances required by this chapter or requested by the department, or, with respect to a licensed applicant, failed to reveal any fact material to qualification, or supplied information that is untrue or misleading as to a material fact pertaining to the suitability criteria.
(3)The person has been convicted of a felony, including a conviction by a federal court or a court in another state or foreign jurisdiction for a crime that would constitute a felony if committed in California, except that a conviction of a felony involving the hunting or fishing rights of a tribal member while on his or her reservation shall not be included among the class of disqualifying felonies.
(4)The person has been convicted of a misdemeanor in a jurisdiction involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code. However, the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the department or affect the applicants burden.
(5)The person has associated with criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(6)The person has contemptuously defied a legislative investigative body, or other official investigative body of a state or of the United States or a foreign jurisdiction, when that body is engaged in the investigation of crimes relating to poker, official corruption related to poker activities, or criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(7)The person is less than 21 years of age.
(8)(A)The person has been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California federal or state law, or having aided or abetted that unlawful activity.
(B)A licensee shall not enter into a contract or agreement with a person or entity described in subparagraph (A).
(c)License applications shall be treated as follows:
(1)The commission shall reject the license application of an applicant found to be ineligible for licensure.
(2)If denial of the application, or approval of the license with restrictions or conditions on the license, is recommended, the department shall prepare and file with the commission written reasons upon which the recommendation is based. Prior to filing its recommendation with the commission, the department shall meet with the applicant, or the applicants duly authorized representative, and inform the applicant generally of the basis for a proposed recommendation that the application be denied, restricted, or conditioned.
(3)This section does not require the department to divulge to the applicant confidential information received from a law enforcement agency or information received from a person with assurances that the information would be maintained confidential, nor to divulge any information that might reveal the identity of an informant or jeopardize the safety of a person.
(4)Denial of an application shall be without prejudice to a new and different application filed in accordance with any regulations adopted by the commission with respect to the submission of applications.
(5)An applicant may withdraw its application for a license at any time prior to final action on the application by the commission by filing a written request with the commission to withdraw the application, absent knowledge of a specific reason to suspect that the person or entity may be found unsuitable.
19990.406.(a)This chapter does not restrict the authority of a tribe that is a licensed operator or that owns a tribal enterprise that is a licensed operator to conduct suitability reviews of its service providers.
(b)This chapter also does not prohibit a tribal gaming regulatory authority from providing the results of its suitability investigations or determinations to the commission or department for its consideration in issuance of licenses pursuant to this chapter.
5.Requirements for the Operation of an Authorized Poker Web Site19990.501.(a)A licensed operator shall ensure that registered players are eligible to play authorized Internet poker games and implement appropriate data security standards to prevent access by a person whose age and location have not been verified in accordance with this chapter.
(b)A registered player shall be physically located within the State of California at the time of gambling.
(c)A registered player shall be at least 21 years of age.
(d)Each licensed operator shall do all of the following, whether directly or through the actions of its licensed service providers:
(1)Prior to registering a person as a registered player or permitting a person to play an authorized Internet poker game, the licensed operator shall verify that the person is 21 years of age or older.
(2)The licensed operator shall attempt to match the name, address, and date of birth provided by the person to information contained in records in a database of individuals who have been verified to be 21 years of age or older by reference to an appropriate database of government records.
(3)The licensed operator shall verify that the name and physical billing address on the check or credit card offered for payment by the person seeking to be a registered player matches the name and address listed in the database.
(4)If the licensed operator is unable to verify that the person is 21 years of age or older pursuant to paragraph (1), the licensed operator shall require the person to submit age-verification documents consisting of an attestation signed by the person that he or she is 21 years of age or older and a copy of a valid form of government identification. For the purposes of this section, a valid form of government identification includes a drivers license, state identification card, passport, official naturalization or immigration document, such as an alien registration receipt card or an immigrant visa, or United States military identification. The licensed operator shall verify that the physical billing address on the check or credit card provided by the person matches the address listed on his or her government identification.
(5)The licensed operator shall not permit registered players to make payments or withdrawals by money order or cash, except that a licensed operator may permit registered players to make payments or withdrawals by money order or cash in person at the land-based gaming facility operated by the licensed operator. The licensed operator shall submit information to each credit card company through which it makes credit card sales, in an appropriate form and format so that the words Internet poker or equivalent description is printed on the purchasers credit card statement with that credit card company, when a payment to a licensed operator is made by credit card and the transaction is categorized as required by law.
(e)A licensed operator is not in violation of this section if the operator complies with the requirements of paragraphs (1) and (2) of subdivision (d), and a person under 21 years of age participates in an authorized Internet poker game provided by the licensed operator.
(f)The department may assess a civil penalty against a person who violates this section, whether a licensed operator, owner, service provider, or player, according to the following schedule:
(1)Not less than one thousand dollars ($1,000), and not more than two thousand dollars ($2,000), for the first violation.
(2)Not less than two thousand five hundred dollars ($2,500), and not more than three thousand five hundred dollars ($3,500), for the second violation.
(3)Not less than four thousand dollars ($4,000), and not more than five thousand dollars ($5,000), for the third violation.
(4)Not less than five thousand five hundred dollars ($5,500), and not more than six thousand five hundred dollars ($6,500), for the fourth violation.
(5)Ten thousand dollars ($10,000) for a fifth or subsequent violation.
(g)The commission shall, by regulation, provide a process for a licensee to exclude from play any person who has filled out an online self-exclusion form.
(1)The commission shall develop an online self-exclusion form within six months of the effective date of this chapter.
(2)The commission shall deliver the form to each licensed operator.
(3)A licensed operator shall prominently display a link to the departments Responsible Gambling Internet Web page site and the online self-exclusion form on the authorized poker Web site that is displayed when either of the following occurs:
(A)A person registers as a registered player.
(B)Each time a registered player accesses the authorized poker Web site prior to playing.
(4)A licensed operator shall retain the online self-exclusion form to identify persons who want to be excluded from play. A licensed operator shall exclude those persons from play.
(5)A licensed operator that has made commercially reasonable efforts to comply with this subdivision shall not be held liable in any way if a person who has filled out an online self-exclusion form plays despite that persons request to be excluded.
19990.502.A licensed operator shall offer only authorized Internet poker games and process bets in accordance with the specified game and betting rules established by the licensed operator and approved by the department pursuant to Section 19990.503.
19990.503.(a)In order to propose a game for play, a licensed operator shall provide the department with both of the following via electronic means or via mail:
(1)Game rules and betting rules it proposes to offer to registered players.
(2)Documentation from an independent gaming test laboratory that is licensed or registered in any United States jurisdiction to test, approve, and certify the games software.
(b)A licensed operator shall not offer a game for play until the department has approved the game rules and betting rules.
19990.504.(a)A licensed operator shall ensure that games are fair.
(b)A licensed operator shall display a link on its authorized poker Web site that includes the following information for each game offered:
(1)The name of the game.
(2)Any restrictions on the play of the game.
(3)The rules of the game.
(4)All instructions on how to play.
(5)The unit and total bets permitted.
(6)Per hand charges assessed to registered players.
(7)The registered players current account balance, which shall be updated in real time.
(8)Any other information that a licensed operator or the department determines is necessary for the registered player to have in real time to compete fairly in the game.
(c)A licensed operator shall display a link on its authorized poker Web site that includes the following information for each tournament offered:
(1)Tournament rules.
(2)Tournament charge.
(3)Games offered during the tournament.
(4)Prize structure and number of registered players that will be paid.
(5)Buy-in amount, re-buy amount, and add-on amount.
(d)Data used to create game results shall be unpredictable so that it is infeasible to predict the next occurrence in a game.
(e)A licensed operator shall deploy controls and technology to minimize fraud or cheating through collusion, including external exchange of information between different players, or any other means.
(1)If a licensed operator becomes aware that fraud or cheating is taking place or has taken place, it shall take steps to stop those activities immediately and inform the department of all relevant facts.
(2)The department shall not impose a fine against a licensed operator to prevent fraud or cheating if the licensed operator can demonstrate that it acted responsibly to prevent those activities as soon as the licensed operator became aware of them.
(f)In a per hand game, if the gaming server or software does not allow a game to be completed, the game shall be void and all funds relating to the incomplete game shall be returned to the registered players account.
(g)In a tournament, if the gaming server or software does not allow the tournament to be completed, all prize money shall be distributed among players in accordance with the procedure approved by the department and published by the licensed operator prior to the commencement of the tournament.
(h)A licensed operator shall display or allow the results from any authorized Internet poker game, including the redemption of winnings from any game, to be displayed or represented only by showing the card faces of the winning hand and the dollar amount won.
(i)A licensed operator shall not do any of the following:
(1)Display or allow the outcome from any authorized Internet poker game, including the redemption of winnings from any game, to be displayed or represented in a manner that mimics a slot machine or any other casino-style games, including, but not limited to, blackjack, roulette, or craps.
(2)Use casino game graphics, themes, or titles, including, but not limited to, depictions of slot machine-style symbols, banked or banking card games, craps, roulette, keno, lotto, or bingo.
(3)Allow the use of robotic play at any time by itself, a service provider, or a player.
19990.505.(a)A licensed operator shall register players and establish registered player accounts prior to play.
(b)A person shall not participate in any game provided by a licensed operator unless the person is a registered player and holds a registered player account.
(c)A registered player account may be established in person, or by United States mail, telephone, or by any electronic means.
(d)To register and establish a registered player account to play poker with real money, a person shall provide all of the following registration information:
(1)First name and surname.
(2)Principal residence address.
(3)Telephone number.
(4)Social security number.
(5)Identification or certification to prove that person is at least 21 years of age.
(6)Valid email address.
(e)A licensed operator shall provide registered players with the means to update the registration information provided to the licensed operator, and shall require that registered players keep registration information current.
(f)This section does not prevent a licensed operator from entering into a marketing agreement with a third party, who has been determined to be suitable and licensed as a service provider, to recruit people to become registered players if the registration process described in this section is under the sole control of the licensed operator.
19990.506.(a)A licensed operator shall provide a means for registered players to put funds into a registered player account and transfer funds out of that account.
(b)A registered player shall identify the source of funds to be used to put money into the registered player account established once the registration process is complete.
(c)At the time of establishing a registered player account, a registered player shall designate the bank account into which funds from the registered players authorized poker Web site account are to be transferred.
(d)A registered player shall not establish more than one account on the same authorized poker Web site.
(e)While playing an authorized Internet poker game, the game system shall not permit a registered player to increase the amount of money that player has available at a game table while a hand is in play. Any increase to the funds available to a player during a hand shall not take effect until the following hand.
(f)A licensed operator shall maintain records on the balance of each registered players account.
(g)A licensed operator shall not permit a registered player to place a bet unless the registered players account has sufficient funds to cover the amount of the bet.
(h)A licensed operator shall not provide credit to a registered players account or act as agent for a credit provider to facilitate the provision of funds.
(i)Interest shall not be paid by a licensed operator with respect to a registered players account.
(j)A licensed operator shall segregate funds it holds in all registered player accounts from all of its other assets.
(k)A licensed operator shall not commingle funds in the segregated account containing funds paid by registered players with any other funds held by the licensed operator, including, but not limited to, operating funds of the licensed operator. Both the accounts of the licensed operator and its segregated registered player accounts shall be held in financial institutions located in the state.
(l)Funds held in a registered players account shall be used only for the following purposes:
(1)To pay per hand or tournament charges owed by a registered player to the licensed operator for play of authorized Internet poker games.
(2)To transfer funds from one registered players account to the account of another registered player to reconcile the result of a loss in the play of an authorized Internet poker game.
(3)To transfer funds from a registered players account to a temporary account to be held by a licensed operator pending the outcome of an authorized Internet poker game.
(4)To remit tax proceeds due and owing from a registered player to the Franchise Tax Board.
(5)To transfer funds from a registered players account with the licensed operator to an account specified by that registered player upon that registered players request.
19990.507.Prior to completing the registration process, a licensed operator shall explain in a conspicuous fashion to the person who is registering the privacy policies of the authorized poker Web site, and the person shall assent to the following policies:
(a)Personally identifiable information shall not be shared with any nongovernmental third parties, except as provided in Section 19990.512.
(b)All personally identifiable information about registered players shall be shared with state agencies, including, but not limited to, the department, the commission, the Franchise Tax Board, and the Department of Child Support Services as necessary to assist them in fulfilling their obligations.
(c)Personally identifiable information may be shared with governmental agencies only as set forth in subdivision (b) or subject to court order as provided in Section 19990.512.
19990.508.A licensed operator may require that a registered player, or a person registering as a player, agree to a Terms of Use Registered Players Agreement.
19990.509.A licensed operator may suspend or revoke the account of a registered player for any of the following reasons:
(a)A person or registered player provided false information to the licensed operator, including, but not limited to, in the registration process.
(b)The registered player has not updated registration information to keep it current.
(c)The registered player has violated the authorized poker Web sites Terms of Use Registered Players Agreement.
(d)The person has already been registered.
(e)The licensed operator suspects that the registered player has participated in an illegal or unauthorized activity on the authorized poker Web site.
(f)The licensed operator is directed by a state agency to suspend or revoke the registered players account.
19990.510.Upon registration, and each time a registered player logs into an authorized poker Web site, the licensed operator shall permit a registered player to adjust his or her play settings to:
(a)Set a limit on the deposits that can be made per day.
(b)Set a limit on the aggregate losses in a registered players account within a specified period of time.
(c)Set a limit on the amount of time that a registered player can play.
19990.511.A licensed operator shall offer customer support that shall be available to registered players 24 hours per day, 365 days per year.
19990.512.(a)A licensed operator shall protect the privacy of registered players and their personally identifiable information.
(b)A licensed operator shall comply with all applicable state and federal privacy and data protection laws.
(c)At the time a registered player registers with a licensed operator, and at least one time per year thereafter, a licensed operator shall provide notice in the form of a separate, written statement, delivered via the United States Postal Service or electronic mail, to the registered player that clearly and conspicuously informs the registered player of all of the following:
(1)The nature of personally identifiable information collected or to be collected with respect to the registered player and the nature of the use of that information.
(2)The nature, frequency, and purpose of any disclosure that may be made of personally identifiable information, including an identification of the types of persons to whom the disclosure may be made.
(3)The period during which personally identifiable information will be maintained by the licensed operator.
(4)The times and place at which the registered player may have access to personally identifiable information in accordance with subdivision (h).
(5)The limitations provided by this section with respect to the collection and disclosure of personally identifiable information by a licensed operator.
(d)A licensed operator shall not collect personally identifiable information concerning any registered player without the prior written or electronic consent of the registered player.
(e)A licensed operator may collect personally identifiable information in order to do both of the following:
(1)Obtain information necessary to operate the authorized poker Web site and offer authorized Internet poker games to registered players pursuant to this chapter.
(2)Detect unauthorized play, activities contrary to a licensed operators Terms of Use Registered Players Agreement, or activities contrary to state or federal law.
(f)Except as provided in subdivision (g), a licensed operator shall not disclose personally identifiable information concerning any registered player without the prior written or electronic consent of the registered player and shall take actions necessary to prevent unauthorized access to that information by a person other than the registered player or licensed operator.
(g)A licensed operator may disclose personally identifiable information if the disclosure is any of the following:
(1)Necessary to render, or conduct a legitimate business activity related to, the provision of authorized Internet poker games to the registered player by the licensed operator.
(2)Subject to subdivision (j), made pursuant to a court order authorizing the disclosure, if the registered player is notified of the order by the person to whom the order is directed.
(3)A disclosure of the names and addresses of registered players to any tournament third party, if both of the following apply:
(A)The licensed operator has provided the registered player the opportunity to prohibit or limit the disclosure.
(B)The disclosure does not reveal, directly or indirectly, the nature of any transaction made by the registered player over the authorized poker Web site.
(4)A disclosure to the commission and the department to fulfill its obligations under this chapter or to a state agency as authorized in this chapter.
(5)A disclosure to persons found suitable under this chapter if the registered player is notified and consents to the information being shared.
(h)A licensed operator shall provide a registered player with access to all personally identifiable information regarding that registered player that is collected and maintained by the licensed operator. The licensed operator shall make the information available to the registered player at reasonable times and at a place designated by the licensed operator. A licensed operator shall provide a registered player a reasonable opportunity to correct any error in the information.
(i)A licensed operator shall destroy personally identifiable information if both of the following apply:
(1)The information is no longer reasonably necessary for the purpose for which it was collected.
(2)There are no pending requests or orders for access to the information under subdivision (j).
(j)A governmental or nongovernmental third party may obtain personally identifiable information concerning a registered player pursuant to a court order only if, in the court proceeding relevant to the court order, both of the following apply:
(1)The third party offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity or otherwise relevant to a pending civil action and that the information sought would be material evidence in the case.
(2)The registered player about whom the information is requested is afforded the opportunity to appear and contest the third partys claim.
19990.513.A licensed operator shall establish a book of accounts and regularly audit all of its financial records and reports, which shall, at a minimum, include all of the following:
(a)Monthly auditable and aggregate financial statements of gambling transactions.
(b)Monthly calculation of all amounts payable to the state.
(c)The identity of registered players.
(d)The balance on each registered players account at the start of a session of play, the amount won or lost by each registered player during a game, and the balance on the registered players account.
(e)The bets placed on each game, time stamped by the games server.
(f)The result of each game, time stamped by the games server.
(g)The amount, if any, as determined by the registered player, withheld from winnings for federal or state income tax purposes.
19990.514.(a)A licensed operator shall make all financial records established and maintained pursuant to Section 19990.513, including, but not limited to, all books, records, documents, financial information, and financial reports, available on an electronic basis, as required by the commission, the department, or other state agencies so that those state agencies can fulfill their responsibilities under this chapter. A state agency may request specific printed hard copies of records for good cause.
(b)The licensed operators data shall be retained in a manner by which it may be accessed online by a state agency with responsibilities pursuant to this chapter. The commission shall identify which state agencies require online access.
(c)Notwithstanding subdivision (b), data covered by subdivisions (d), (e), and (f) of Section 19990.513 shall be accessible to the state agencies online for 180 days, and, thereafter, archived and retained for two years.
19990.515.A licensed operator shall do all of the following:
(a)Implement technical systems that materially aid the commission in the protection of registered players. Software shall meet, at a minimum, international industry standards as verified by an independent gaming test laboratory that is licensed or registered in any United States jurisdiction to test, approve, and certify the software.
(b)Define and document its methodology for developing software and applications and describe the manner in which software protects registered players from fraud and other risks in the play of authorized Internet poker games and in the management of registered player accounts.
(c)Meet minimum game server connectivity requirements to ensure that registered players are protected from losses due to connectivity problems.
(d)Ensure that all transactions involving registered players funds are recoverable by the system in the event of a failure or malfunction.
(e)Ensure that all information required for reviewing a game interrupted due to loss of connectivity is recoverable by the licensed operator.
(f)Document and implement preventive and detective controls addressing money laundering and fraud risks.
19990.516.(a)A licensed operator may charge registered players to play in authorized Internet poker games.
(b)(1)A licensed operator may charge a per hand charge if the per hand charge is designated and conspicuously posted on the licensed operators authorized poker Web site.
(2)A licensed operator may vary the per hand charges to registered players based on betting limits or other factors.
(c)(1)A licensed operator may charge a tournament charge if the tournament charge is designated and conspicuously posted on the licensed operators authorized poker Web site.
(2)A licensed operator may vary tournament charges based on tournament prizes or other factors.
(d)A licensed operator shall provide notice to the commission of the charges to registered players prior to initiating play.
19990.517.A licensed operator may do any of the following:
(a)Enter into an agreement with any third party to sponsor or underwrite prizes for a tournament, subject to the approval of the commission and, if applicable, the tribal gaming regulatory authority.
(b)Enter into an agreement to sell advertisement space on any Internet Web site it controls.
(c)Enter into an agreement with a third-party service provider for marketing, or any other purpose consistent with this chapter, including, but not limited to, displaying the name of a marketing partner on a screen viewed by a registered player.
(d)Enable a chat function between registered players if it has in place effective controls against collusion.
(e)Post Internet Web links on the Internet Web sites it controls to permit registered players to access remote Internet Web sites.
(f)Offer authorized Internet poker games on up to two authorized poker Web sites pursuant to its license.
(g)Enter into contractual agreements with one or more licensed operators for the purpose of ensuring adequate player liquidity.
19990.518.There are three categories of application fees, regulatory fees, and license deposits, as follows:
(a)Application Processing Fee. In order to cover the costs of suitability investigations and other costs of processing an application for a license or work permit, the applicant shall deposit the applicable application processing fee as provided in subdivision (a) of Section 19990.402, subdivision (e) of Section 19990.403, subdivision (b) of Section 19990.404, or Section 19990.605. Any balance of the application processing fee that remains after completion of the determination of suitability shall be refunded to the applicant. If additional moneys are needed to complete the determination of suitability of the license applicant, the applicant shall pay the funds necessary to complete the determination of suitability.
(b)One-time License Deposit. Prior to offering any games for play or accepting any bets on its authorized poker Web site, a licensed operator shall pay the one-time license deposit as provided in subdivision (a) of Section 19990.519.
(c)Ongoing Regulatory Fees. Following issuance of a license and beginning of operations thereunder, the licensed operator shall pay the ongoing regulatory fees set forth in subdivision (c) of Section 19990.519.
19990.519.(a)In support of the application for a license pursuant to this chapter, prior to offering games or accepting bets on its authorized poker Web site, the licensed operator shall remit to the Treasurer a one-time license deposit in the amount of twelve million five hundred thousand dollars ($12,500,000), to be deposited into the General Fund, subject to Section 19619.8. 19619.8, and six million two hundred fifty thousand dollars ($6,250,000) of the one-time license deposit shall be credited against the duty imposed the licensed operators gross gaming revenues pursuant to subdivision (b). Upon depletion of the credit amount, the commission shall notify the licensed operator to commence with the annual payments to the state in accordance with subdivision (b).
(b)(1)In consideration of the substantial value of each license, a licensed operator shall remit to the Treasurer on an annual basis for deposit in the General Fund, subject to Section 19619.8, a percentage of its gross gaming revenues pursuant to the applicable rate percent described in paragraph (2).
(2)The rate percent assessed per year on a licensed operator pursuant to this subdivision shall be based upon the annual cumulative total of gross gaming revenues for all licensed operators during the calendar year as follows:
(A)If annual gross gaming revenues are less than or equal to one hundred fifty million dollars ($150,000,000), the rate percent is 8.847 percent.
(B)If annual gross gaming revenues are more than one hundred fifty million dollars (150,000,000) and less than or equal to two hundred fifty million dollars ($250,000,000), the rate percent is 10 percent.
(C)If annual gross gaming revenues are more than two hundred fifty million dollars ($250,000,000) and less than or equal to three hundred fifty million dollars ($350,000,000), the rate percent is 12.5 percent.
(D)If annual gross gaming revenues are more than three hundred fifty million dollars ($350,000,000), the rate percent is 15 percent.
(3)(A) By January 31 of each calendar year, the commission shall, based on financial information submitted to it by licensed operators, determine the applicable rate percent for the preceding calendar year consistent with paragraph (2) and notify each licensed operator of that rate percent.
(B)Each annual payment shall be due 30 days after the licensed operator receives the notification from the commission described in subparagraph (A).
(4)The commission shall administer and collect the duty imposed by this subdivision pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of the Revenue and Taxation Code). For purposes of this subdivision, the references to fee in the Fee Collection Procedures Law shall include the duty imposed by this subdivision, and, except when the context provides otherwise, references to feepayer in that law shall include a licensed operator required to pay the duty imposed by this subdivision and references to the board in that law shall refer instead to the commission.
(5)A licensed operator shall make all electronic and written financial records available to the Treasurer, the commission, and the department on an electronic basis.
(c)Each licensed operator shall pay a regulatory fee, to be deposited in the Internet Poker Fund, in an amount to be determined by the commission, for the reasonable costs of license oversight, consumer protection, state regulation, problem gambling programs, and other purposes related to this chapter, determined on a pro rata basis depending on the number of licensed operators in the state.
19990.520.(a)The licensed operator shall facilitate the collection of personal income taxes from registered players by the Franchise Tax Board and shall be responsible for providing current and accurate documentation on a timely basis to all state agencies, as provided in this chapter.
(b)The state and its agencies shall treat the proprietary information provided by a licensed operator as confidential to protect the licensed operator and to protect the security of the authorized poker Web site.
(c)The confidentiality provisions of this chapter exempt proprietary information supplied by a licensee to a state agency from public disclosure consistent with subdivision (b) of Section 6253 of the Government Code.
19990.521.(a)A licensee shall act expeditiously to cure any violation of this chapter, or any regulation adopted pursuant to this chapter, in the offer or administration of authorized Internet poker games that interferes with its obligations to the state or registered players under this chapter.
(b)If a licensee becomes aware of any violation of this chapter, it shall notify the department immediately and work with the department to develop a plan to rectify the violation.
(c)If the department becomes aware of any violation of this chapter, or if it becomes aware of any activities that might lead to a violation, the department shall provide notice of that violation to the licensee and a reasonable opportunity for the licensee to cure the violation. If the violation is not timely cured, the department shall investigate the violation further and may take enforcement actions. If the commission becomes aware of any violation of this chapter, the commission shall notify the department of the violation immediately so that the department may take appropriate action pursuant to this chapter.
(d)All state agencies with responsibilities under this chapter shall report any actual or suspected violation of this chapter, or any regulation adopted pursuant to this chapter, or activities that may lead to a violation, to the department immediately so that the department can assess whether it needs to commence an investigation or enforcement action.
(e)A licensee shall be afforded a reasonable time period to cure any reported violation. During this time period, a licensee shall not be subject to prosecution for the criminal penalty described in Section 19990.303, or liable for the civil penalties described in this article.
(f)The department shall have subpoena power in an investigation of any violation of this chapter, or any regulation adopted pursuant to this chapter.
(g)The commission may revoke or suspend any license or work permit under this chapter upon reaching a finding that the licensee or employee is in violation of any provision of this chapter, or any regulation adopted pursuant to this chapter. However, a tribal licensee shall not have its license suspended or revoked, or be fined or otherwise penalized, for complying with any applicable federal law or regulation when operating an authorized poker Web site on Indian lands. To the extent that any state requirement is more stringent than any applicable federal requirement, the tribal licensee shall comply with the more stringent state requirement, unless the federal requirement preempts state law.
(h)A licensee may appeal any final decision of the department pursuant to this section to the superior court. The superior court shall hear any appeal de novo.
(i)The department shall protect the rights and assets of registered players on an authorized poker Web site if the licensed operators license pursuant to this chapter is revoked or the licensed operator becomes bankrupt.
19990.522.(a)(1)A license issued pursuant to this chapter is not transferable.
(2)If a licensed operator seeks to change the ownership of its land-based gaming facility, both of the following apply:
(A)The license held by the licensed operator under this chapter shall be rendered void upon the date of any change of ownership in the land-based gaming facility.
(B)Prior to a change in ownership, the acquiring person shall apply to become a licensed operator, at which point the commission shall determine whether the person is legally qualified to be a licensed operator under this chapter.
(b)The department shall investigate to ensure that any person acquiring an interest in a licensee is suitable, and otherwise financially, technically, and legally qualified to be a licensee pursuant to this chapter. If an acquiring person is found to be unsuitable to be a licensee, or otherwise not financially, technically, or legally qualified to be a licensee, the licensed operator or the acquiring person may challenge that determination.
19990.523.All facilities, software, including downloadable programs, and any other property, both tangible and intangible, used by the licensed operator in offering authorized Internet poker games for play on an authorized poker Web site shall be the property of the licensed operator or its licensed service providers, and shall be subject to the review of the department and the approval of the commission.
19990.524.If any dispute arises between the state and a licensee, either the commission or a licensee may file an action in the superior court of any county in which the commission has an office for an interpretation of the rights and responsibilities of the state and the licensee pursuant to this chapter.
19990.525.(a)(1)The department or commission may contract with other public or private entities, including, but not limited to, state, tribal, and international regulatory agencies, for the provision of services related to a responsibility imposed on the department or commission by this chapter if all of the following are satisfied:
(A)The contract will assist with the provision of efficient, effective, and robust regulation of intrastate Internet poker.
(B)The contract provides access to expertise that has been tested and proven in the poker industry.
(C)The department or commission retains administrative control and responsibility for ensuring compliance with this chapter.
(2)In order to expedite the implementation of intrastate Internet poker, a contract entered into pursuant to paragraph (1) is not subject to the Public Contracts Code, or otherwise applicable contracting provisions of the Government Code.
(b)A state agency with a duty pursuant to this chapter may enter into agreements to share information with other regulatory and law enforcement agencies to assist in performing the state agencys duty.
19990.526.(a)Until January 1, 2019, a licensed service provider shall not, for any purpose, use any list of customers or database containing customer information that was accrued or created prior to the effective date of the regulations described in subdivision (a) of Section 19990.401.
(b)Pursuant to subdivision (b) of Section 19990.303, a violation of subdivision (a) is a felony, punishable pursuant to subdivision (h) of Section 1170 of the Penal Code.
6.Employee Work Permits19990.601.(a)Except as provided in Section 19990.602, a licensee shall submit an application and applicable fees to the department and apply to the commission for an employee work permit on behalf of each employee.
(b)Prior to initiating operations and thereafter, a licensee shall ensure that every employee has been issued an employee work permit by the commission prior to that person having access to the licensees facilities. The permit shall be renewed every two years.
(c)The commission shall issue an employee work permit only if, based on all of the information and documents submitted, the commission is satisfied that the applicant is, at a minimum, all of the following:
(1)A person of good character, honesty, and integrity.
(2)A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the integrity of a gaming operation or public interest of this state, or to the effective regulation and control of controlled gambling, as defined in Section 19805, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of controlled gambling or in the carrying on of incidental business and financial arrangements.
(3)A person who is in all other respects qualified to hold an employee work permit as provided in this chapter.
(d)The commission shall not issue an employee work permit unless the applicant meets the qualification standards adopted by the commission by regulation. A tribal gaming regulatory authority may impose additional qualifications with respect to activities on Indian lands.
19990.602.(a)A tribe that is a licensed operator, or that owns a tribal enterprise that is a licensed operator, may elect to participate in the tribal gaming regulatory authority process prescribed by this section for the issuance of employee work permits. If the tribe does not elect to participate in the tribal gaming regulatory authority process as provided in this section, then the process specified in this section regarding submission and action by the tribal gaming regulatory authority on the application for employee work permit shall not apply, and the other provisions of this chapter shall instead govern.
(b)The joint state and tribal processes required pursuant to this section are intended to promote and involve joint cooperation among the tribal gaming regulatory authority, the commission, and the department.
(c)The tribal employee work permit process shall be as follows:
(1)All applications for employee work permits first shall be filed with the tribal gaming regulatory authority, which shall promptly file a copy of the application with the commission, together with information regarding the filing date and the payment of fees and deposits. The application shall be accompanied by the fees required in Section 19990.605, except those fees shall be deposited into a tribal account created for the purpose of holding the deposited funds and using them for the costs of the suitability review and the issuance of the license.
(2)In reviewing an application for a work permit, the tribal gaming regulatory authority shall determine whether issuance of the employee work permit would meet the suitability standards set forth in this chapter. The tribal gaming regulatory authority shall not issue a permit unless, based on all information and documents submitted, the tribal gaming regulatory authority determines that the applicant meets all of the criteria set forth in this chapter for the issuance of the employee work permit.
(3)The tribal gaming regulatory authority shall conduct, or cause to be conducted, all necessary determinations of suitability reasonably required to determine that the applicant is qualified for an employee work permit under the standards set forth in this chapter for the issuance of the employee work permit.
(4)In lieu of completing its own determination of suitability, and to the extent that doing so does not conflict with or violate this chapter, the tribal gaming regulatory authority may contract with the department for the conduct of determinations of suitability, may rely on a state certification of nonobjection previously issued under a gaming compact involving another tribe, or may rely on a state gaming license previously issued to the applicant, to fulfill some or all of the tribal gaming regulatory authoritys determination of suitability obligation. An applicant for a tribal employee work permit shall provide releases to make background information regarding the applicant available to the tribal gaming regulatory authority, the department, and the commission.
(5)Upon completion of the necessary determination of suitability, the tribal gaming regulatory authority may issue a finding that the person or entity is eligible for an employee work permit on a conditional or unconditional basis. This section does not create a property or other right of an applicant in an opportunity to be permitted, or in a permit itself, both of which shall be considered privileges granted to the applicant in the sole discretion of the tribal gaming regulatory authority.
(6)Upon receipt of a completed license application and a determination by the tribal gaming regulatory authority that the applicant is eligible and suitable for the employee work permit, the tribal gaming regulatory authority shall transmit to the commission a notice of intent to issue a permit to the applicant. The tribal gaming regulatory authority shall not issue an employee work permit until the process required by paragraph (7) is complete.
(7)After receipt of the tribal gaming regulatory authoritys notice pursuant to paragraph (6), and upon completion of the necessary determination of suitability, the commission shall issue a notice to the tribal gaming regulatory authority stating its finding that the applicant is suitable or is not suitable for the requested permit. The commission may charge an additional application processing fee pursuant to Section 19990.605 to cover the reasonable costs of conducting its verification of suitability.
(A)If the commission notices a finding that the applicant is suitable, the tribal gaming regulatory agency shall issue an employee work permit to the applicant. The permit shall be effective pursuant to this chapter as though issued by the commission.
(B)If the commission notices a finding that the applicant is not suitable, the tribal gaming regulatory authority shall not issue the requested permit. Prior to denying an application for a determination of suitability, the commission shall notify the tribal gaming regulatory authority and afford the tribe an opportunity to be heard. If the commission denies an application for a determination of suitability, the commission shall provide the applicant with written notice of all appeal rights available under state law.
(C)Upon receipt of notice that the commission or department, collectively or individually, or the tribal gaming regulatory authority has determined that a person would be unsuitable in a similar application filed in connection with a nontribal operation, the tribal gaming regulatory authority shall not issue the requested permit or, if that notice is received after issuance of the permit, promptly revoke that permit. However, the tribal gaming regulatory authority may, in its discretion, reissue a permit to the person following entry of a final judgment reversing the determination of the commission and department in a proceeding in state court conducted pursuant to Section 1085 of the Code of Civil Procedure.
(8)A tribal permit application submitted pursuant to this section may be denied, and any permit issued may be revoked, if the tribal gaming regulatory authority determines that the application is incomplete or deficient, or if the applicant is determined to be unsuitable or otherwise unqualified for a permit. Pending consideration of revocation, the tribal gaming regulatory authority may suspend a permit. All rights to notice and hearing shall be governed by the rules of the tribal gaming regulatory authority, which shall meet minimum requirements to be developed among the tribes, the commission, and the department, and as to which the applicant shall be notified in writing, along with notice of an intent to suspend or revoke the permit.
(9)The tribal gaming regulatory authority may summarily suspend an employee work permit issued pursuant to this section if the tribal gaming regulatory authority determines that the continued permitting of the person or entity could constitute a threat to the public health or safety or may violate this chapter.
(d)The commission and tribal gaming regulatory authorities conducting suitability reviews pursuant to this section shall cooperate in sharing as much background information as possible in order to maximize investigative efficiency and thoroughness, to minimize investigative costs, and to expedite the permitting process.
(e)The commission and the tribes that have elected to conduct suitability reviews pursuant to this section shall cooperate in developing standard forms for tribal gaming employee work permit applicants, on a statewide basis, that reduce or eliminate duplicative or excessive paperwork, and that take into account the requirements of this chapter and the expense of compliance with those requirements.
19990.603.An applicant for an employee work permit is disqualified if the applicant is described by any of the following:
(a)The applicant failed to clearly establish eligibility and qualifications in accordance with this chapter.
(b)The applicant failed to timely provide information, documentation, and assurances required by this chapter or requested by any state official, or, with respect to a licensed applicant, failed to reveal any fact material to qualification, or supplied information that is untrue or misleading as to a material fact pertaining to the suitability criteria.
(c)The applicant has been convicted of a felony, including a conviction by a federal court or a court in another state or foreign jurisdiction for a crime that would constitute a felony if committed in California, except that a conviction of a felony involving the hunting or fishing rights of a tribal member while on his or her reservation shall not be included among the class of disqualifying felonies.
(d)The applicant has been convicted of a misdemeanor in a jurisdiction involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code. However, the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the department or affect the applicants burden.
(e)The applicant has associated with criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(f)The applicant has contemptuously defied a legislative investigative body, or other official investigative body of a state or of the United States or a foreign jurisdiction, when that body is engaged in the investigation of crimes relating to poker, official corruption related to poker activities, or criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(g)The applicant is less than 21 years of age.
(h)The applicant was a member of the board of directors or the ultimate parent company of, the chief executive officer of, or a shareholder holding more than 10 percent of the shares of, an entity, or its corporate or marketing affiliate, and was directly involved in an executive decision making capacity that led the entity, or its affiliate, to facilitate a wager or financial transaction relating to Internet gambling in the United States, unless any of the following applies:
(1)The entity, or its affiliate, was licensed or authorized to engage in the activity pursuant to this chapter or comparable federal or state law in the jurisdiction where the facilitation of the wager or financial transaction occurred.
(2)The facilitation of the wager or financial transaction was not knowing or intentional.
(3)The facilitation of the wager or financial transaction occurred within a reasonable time period in order to cease those activities in the United States.
19990.604.(a)If a licensed operator has any owners, officers, or directors who are not employees, it shall ensure that each of those persons obtains an employee work permit before having any role or decisionmaking authority regarding the licensed operators gaming operations.
(b)If the licensed operator is a tribal enterprise controlled by an independent board of directors, the officers, directors, and employees of that tribal enterprise are subject to suitability review pursuant to this section. This section does not require that an officer, director, employee, or member of the tribe that owns the tribal enterprise be subject to suitability review if that individual is not also an officer, director, employee, or member of the tribal enterprise or a person who controls the core functions of the tribal enterprise.
19990.605.The commission, the department, and, if applicable, the tribal gaming regulatory authority, shall establish application processing fees to be paid by a licensee for the reasonable cost of determinations of suitability for, and issuance of, employee work permit applications. The commission shall establish processes for the revocation or suspension of an employee work permit, and to withdraw an application for an employee work permit.
19990.606.A licensed operator or service provider shall not enter into, without prior approval of the commission, a contract or agreement with either of the following:
(a)A person who is denied a gambling license or employee work permit pursuant to Chapter 5 (commencing with Section 19800), or whose gambling license or employee work permit is suspended or revoked.
(b)Any business enterprise under the control of a person described in subdivision (a), after the date of receipt of notice of the action.
19990.607.(a)(1)A licensed operator or service provider shall not employ, without prior approval of the commission, a person in any capacity for which he or she is required to have an employee work permit, if the person has been denied a gambling license or an employee work permit pursuant to Chapter 5 (commencing with Section 19800), or if his or her gambling license or employee work permit has been suspended or revoked after the date of receipt of notice of the action by the commission or tribal gaming regulatory authority.
(2)A licensed operator or service provider shall not enter into a contract or agreement with a person whose application for a gambling license or an employee work permit has been withdrawn with prejudice, or with a business enterprise under the control of that person, for the period of time during which the person is prohibited from filing a new application for a gambling license or an employee work permit.
(b)(1)If an employee who is required to hold an employee work permit pursuant to this chapter is denied an employee work permit, or has his or her employee work permit revoked, the employee shall be terminated immediately in all capacities. Upon notifying the licensee of the denial or revocation, the employee shall have no further involvement in the gambling operation.
(2)If an employee who is required to hold an employee work permit pursuant to this chapter has his or her employee work permit suspended, the employee shall be suspended in all capacities. Upon notifying the licensee of the suspension, the employee shall not be permitted to have any involvement in the gambling operation during the period of suspension.
(3)A licensed operator or service provider shall not designate another employee to replace the employee whose employment was terminated or suspended, unless the other employee has an existing work permit.
(c)A licensed operator or service provider shall not pay to a person whose employment has been terminated or suspended as described in subdivision (b) any remuneration for any service performed in any capacity in which the person is required to hold an employee work permit, except for amounts due for services rendered before the date of receipt of the notice.
(d)Except as provided in subdivision (b), a contract or agreement for the provision of services or property to a licensed operator or service provider or for the conduct of any activity pertaining to the operation of an authorized poker Web site, that is to be performed by a person required by this chapter, or by regulation, to hold an employee work permit, shall be terminated upon a suspension or revocation of the persons employee work permit.
(e)If a contract or agreement for the provision of services or property to a licensed operator or service provider, or for the conduct of any activity at an authorized poker Web site, is to be performed by a person required by this chapter or by regulations adopted pursuant to this chapter, to hold an employee work permit, the contract or agreement shall be deemed to include a provision for its termination without liability on the part of the licensed operator or service provider upon a suspension or revocation of the persons employee work permit. In any action brought by the commission to terminate a contract or agreement pursuant to subdivision (d) or this subdivision, it is not a defense that the contract or agreement does not expressly include the provision described in this subdivision, and the lack of express inclusion of the provision in the contract or agreement is not a basis for enforcement of the contract or agreement by a party to the contract or agreement.
7.Protection of Registered Players19990.701.A licensed operator shall use its best efforts to protect registered players. Subject to the approval of the department, and consistent with uniform standards established by the department by regulation, each licensed operator shall establish administrative procedures to resolve registered player complaints.
19990.702.(a)If a registered player has a complaint against a licensed operator, the exclusive remedy shall be to register the complaint with the department.
(b)The department shall establish regulations with respect to registered player disputes and complaints.
(c)Under the regulations, the department shall do all of the following:
(1)Investigate registered player complaints to determine if a licensed operator has failed to meet its obligations to a registered player.
(2)Attempt to resolve complaints by registered players if a licensed operator fails to meet an obligation to a registered player.
(3)Initiate enforcement actions to require specific performance of any obligation that the department has determined a licensed operator has failed to fulfill with respect to a registered player.
(d)A licensed operator may appeal any action by the department pursuant to this article to the superior court, which shall review the appeal de novo.
8.Financial Provisions for State Regulation and Unlawful Gambling Enforcement19990.801.The Treasurer shall transfer all amounts received pursuant to subdivision (a) of Section 19990.402, subdivision (e) of Section 19990.403, subdivision (b) of Section 19990.404, subdivision (c) of Section 19990.519, and Section 19990.605 to the Controller for deposit in the Internet Poker Fund, which is created in the State Treasury, to be administered by the department. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the department and the commission, without regard to fiscal years, in the amounts necessary for the department and the commission to perform their duties under this chapter.
19990.802.(a)The Unlawful Gambling Enforcement Fund is hereby established within the General Fund for purposes of ensuring adequate resources for law enforcement charged with enforcing the prohibitions and protections of this chapter. The Unlawful Gambling Enforcement Fund shall be funded by depositing:
(1)____ percent of the revenue from the civil penalties recovered by law enforcement authorities pursuant to Section 19990.803 into the fund prior to the distribution required under subdivision (c) of Section 19990.803.
(2)All amounts or property recovered pursuant to Section 19990.804.
(3)____ percent of the duties paid by licensed operators pursuant to subdivision (b) of Section 19990.519, after any distribution required by Section 19619.8.
(4)The revenue from the civil penalties recovered pursuant to subdivision (f) of Section 19990.501.
(b)Up to ____ million dollars ($____) in the fund may be expended annually by the Attorney General, upon appropriation by the Legislature, for the purposes of this chapter.
19990.803.(a)Except as provided in subdivision (f) of Section 19990.501, a person who engages or conspires to engage in activities prohibited by this chapter, or in connection with the use of an Internet access device, activities prohibited by Section 321, 322, 323, 324, 326, 330, 330a, 330b, 330c, 330.1, 330.4, or 331 of the Penal Code, is liable for a civil penalty not to exceed ____ dollars ($____) for each violation, in addition to any other penalty or remedy that may be imposed by law, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, a county counsel authorized by agreement with the district attorney in an action involving the violation of a county ordinance, the city attorney of a city having a population in excess of 750,000 persons, the city attorney of a city and county, or, with the consent of the district attorney, the city prosecutor in a city with a full-time city prosecutor, in a court of competent jurisdiction.
(b)In determining the amount of the civil penalty described in subdivision (a), the court shall consider any relevant circumstance presented by a party to the case, including, but not limited to, any of the following:
(1)The nature and seriousness of the misconduct.
(2)The number of violations.
(3)The persistence of the misconduct.
(4)The length of time over which the misconduct occurred.
(5)The willfulness of the defendants misconduct.
(6)The defendants assets, liabilities, and net worth.
(c)(1)Subject to paragraph (1) of subdivision (a) of Section 19990.802, civil penalties recovered by law enforcement authorities pursuant to this section shall be allocated as follows:
(A)If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered for deposit into that countys general fund, and one-half to the Treasurer for deposit into the Unlawful Gambling Enforcement Fund.
(B)If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered for deposit into that countys general fund.
(C)If the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered for deposit into that citys general fund, and one-half to the treasurer of the county in which judgment was entered for deposit into that countys general fund. If the action is brought by the city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered.
(2)The revenue from all civil penalties allocated to the Unlawful Gambling Enforcement Fund pursuant to subparagraph (A) of paragraph (1), upon appropriation by the Legislature, shall be used by the Attorney General exclusively to support the investigation and enforcement of violations of Californias gambling laws, including the implementation of judgments obtained from prosecution and investigation of those violations and violations of, in connection with the use of an Internet access device, Sections 321, 322, 323, 324, 326, 330, 330a, 330b, 330c, 330.1, 330.4, and 331 of the Penal Code, and other activities that are in furtherance of this chapter.
(3)The revenue from all civil penalties allocated to the treasurer of the county, city, or city and county in which the judgment was entered pursuant to subparagraphs (A), (B), and (C) of paragraph (1) shall be for the exclusive use of the district attorney, the county counsel, the city attorney, or the city prosecutor, whichever is applicable, for the enforcement of this chapter and existing laws prohibiting illegal gambling activity.
19990.804.(a)Any money, other representative of value, or real or personal property used in, or derived from, the play of a game provided on the Internet that is not authorized by the state pursuant to this chapter is subject to seizure by the department or by a peace officer.
(b)Upon a finding by a court that the money, other representative of value, or real or personal property was used in, or derived from, the play of a game provided on the Internet that is not authorized by the state pursuant to this chapter, that money or property shall be forfeited to the Unlawful Gambling Enforcement Fund established in Section 19990.802.
9.Preemption of Local Regulation19990.901.A city, county, or city and county shall not regulate, tax, or enter into a contract with respect to any matter related to this chapter. This section does not prohibit or limit the investigation and prosecution of any violation of this chapter.
10.Reports to the Legislature19990.1001.Notwithstanding Section 10231.5 of the Government Code, within one year of the operative date of this chapter, and annually thereafter, the commission, in consultation with the department, the Treasurer, and the Franchise Tax Board, shall issue a report to the Legislature describing the states efforts to meet the policy goals articulated in this chapter. The report shall be submitted in compliance with Section 9795 of the Government Code.
19990.1002.(a)At least four years after the issue date of any license pursuant to this chapter, but no later than five years after that date, the Bureau of State Audits shall issue a report to the Legislature detailing the implementation of this chapter.
(b)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
11.Partial Severability and Repeal of Chapter19990.1101.(a)Except as provided in subdivision (b), the provisions of this chapter are severable. If any provision of this chapter, other than those listed in subdivision (b), or its application, is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(b)(1)The following provisions of this chapter are not severable:
(A)Establishing poker as the only permissible Internet gambling game.
(B)Prohibiting persons or entities who have been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity, from being licensed under this chapter.
(C)Limiting the entities that are eligible for an operator license.
(2)If any of the provisions identified in paragraph (1), or application of those provisions to any person or circumstances, is held invalid, the entire chapter shall be invalid.
19990.1102.This chapter shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.
SEC. 3.The Legislature finds and declares that Chapter 5.2 (commencing with Section 19990.101) of Division 8 of the Business and Professions Code, as added by Section 1 2 of this act, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The limitations on the peoples right of access set forth in this act are necessary to protect the privacy and integrity of information submitted by registered players as well as the proprietary information of the license applicants and licensees.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 5.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the interests of Californians who play online gambling games and to ensure that people play fair games, that the state realizes the revenues, and that suitable persons operate authorized poker Web sites, it is necessary that this act take effect immediately.
The first sixty million dollars ($60,000,000) collected each fiscal year pursuant to subdivisions (a) and (b) of Section 19990.519 shall be deposited as follows:
(a)Ninety-five percent in the California Horse Racing Internet Poker Account, which is hereby created in the General Fund. Notwithstanding Section 13340 of the Government Code, the funds in the California Horse Racing Internet Poker Account are continuously appropriated to the board, which shall annually distribute the funds in the California Horse Racing Internet Poker Account according to all of the following:
(1)One and three-twentieths percent to the defined contribution retirement plan for California-licensed jockeys established pursuant to paragraph (1) of subdivision (i) of Section 19604 and administered as specified in this chapter.
(2)One and three-twentieths percent to provide health and welfare benefits for California-licensed jockeys, former California-licensed jockeys, and their dependents pursuant to Section 19612.9.
(3)Two and three-tenths percent to supplement the pension plan for pari-mutuel parimutuel employees administered on behalf of the labor organization that has historically represented the employees who accept or process any form of wagering at the horse racing meetings and for other entities licensed to conduct wagering on horse races in California. Moneys distributed pursuant to this paragraph shall supplement, and not supplant, moneys distributed to that fund pursuant to this chapter or any other law.
(4)Ninety-five and four-tenths percent to racing associations or fairs as commissions, to horsemen participating in the racing meeting in the form of purses, and as incentive awards, in the same relative proportion as they were generated or earned at each racing association or fair on races conducted or imported by that racing association or fair during the prior calendar year. Notwithstanding any other law, the distributions with respect to each breed of racing may be altered upon the approval of the board, in accordance with an agreement signed by the respective associations, fairs, horsemens organizations, and breeders organizations receiving those distributions.
(b)Five percent to the State Treasury to the credit of the Fair and Exposition Fund, to be deposited in the separate account in the fund specified in Section 19606.1 to benefit state designated fairs as defined in Sections 19418, 19418.1, 19418.2, and 19418.3. Revenues deposited into the separate account in the fund pursuant to this section, notwithstanding Section 19606.1 or any other law to the contrary, shall be allocated only to fairs in Class I to IV+, inclusive, as classified by the department pursuant to Section 4507 of the Food and Agricultural Code.
SEC. 2.Chapter 5.2 (commencing with Section 19990.101) is added to Division 8 of the Business and Professions Code, to read:5.2.The Internet Poker Consumer Protection Act of 20161.Title and Legislative Declarations19990.101.This chapter shall be known and may be cited as the Internet Poker Consumer Protection Act of 2016.
19990.102.The Legislature hereby finds and declares all of the following:
(a)In October 2006, the United States Congress passed the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) (31 U.S.C. Secs. 5361 et seq.), which generally prohibits the use of banking instruments, including credit cards, checks, and fund transfers, for interstate Internet gambling.
(b)UIGEA essentially prohibits online gambling by United States citizens, but includes exceptions that permit individual states to create a regulatory framework to enable intrastate Internet gambling, if the bets or wagers are made exclusively within a single state under certain circumstances.
(c)This chapter shall only authorize poker games to be played via the Internet. No other game may be played via the Internet pursuant to this chapter.
2.Definitions19990.201.For the purposes of this chapter, the following words have the following meanings:
(a)Authorized Internet poker game means any of several card games, duly authorized by the department and played on an authorized poker Web site, that meet the definition of poker as specified by this section.
(b)Authorized poker Web site means a Web site on which authorized Internet poker games are offered for play by a licensed operator pursuant to this chapter.
(c)Background investigation means a process of reviewing and compiling personal and criminal history and financial information through inquiries of various law enforcement and public sources to establish a persons qualifications and suitability for any necessary license or employee work permit issued pursuant to this chapter.
(d)Bet means the placement of a wager in a game.
(e)Card room means a gambling enterprise, as defined in subdivision (m) of Section 19805.
(f)Commission means the California Gambling Control Commission.
(g)Core functions and core functioning mean any of the following:
(1)The management, administration, or control of bets on authorized Internet poker games.
(2)The management, administration, or control of the games with which those bets are associated.
(3)The development, maintenance, provision, or operation of a gaming system.
(h)Corporate affiliate means any person controlled by, controlling, or under common ownership with, another person or entity. A person or entity will be deemed to control another person or entity if it possesses, directly or indirectly, the power to direct the management or policies of the other entity, whether through ownership of voting interests or otherwise, or if, regardless of whether or not it has that power, it holds 10 percent or more of the ownership or control of the other entity, whether as a stockholder, partner, member, trust interest, or otherwise.
(i)Department means the Department of Justice.
(j)Determination of suitability or suitability review means the process, including, but not limited to, conducting a background investigation, to determine whether an applicant for a license or employee work permit issued pursuant to this chapter meets the qualification criteria described in this chapter or whether the applicant is disqualified on any of the grounds specified in this chapter.
(k)(1)(A)Eligible entity includes both of the following:
(i)A card room that operates pursuant to Chapter 5 (commencing with Section 19800) whose owner or owners have been authorized, subject to oversight by, and in good standing with, the applicable state regulatory authorities.
(ii)A federally recognized California Indian tribe that operates a gaming facility pursuant to a facility license issued in accordance with a tribal gaming ordinance approved by the Chair of the National Indian Gaming Commission and that is eligible to conduct real-money poker at that facility.
(B)An entity identified in this paragraph shall have operated its land-based gaming facility for at least five three years immediately preceding its application to secure a license to operate an Internet poker Web site pursuant to this chapter, and shall be in good standing during that time period with the applicable federal, state, and tribal regulatory authorities.
(2)A group consisting of any combination of tribes and card rooms is eligible to jointly apply for a license pursuant to this chapter, through an entity organized under state or federal law, if each entity within the group independently satisfies the requisite eligibility requirements identified in this chapter.
(3)Subject to any applicable limited waiver of sovereign immunity as set forth in subdivision (d) of Section 19990.402, this chapter does not restrict a tribal licensee from participating as an instrumentality of a tribal government or a political subdivision of a tribe, or from forming a separate business entity organized under federal, state, or tribal law.
(4)A tribe that operates a gaming facility that accepts bets from players within this state but who are not physically present on Indian lands when making those bets is not an eligible entity, unless those bets are accepted on authorized Internet poker games played on an authorized poker Web site.
(l)Employee means any natural person employed in, or serving as a consultant or independent contractor with respect to, the core functioning of the actual operation of an authorized poker Web site.
(m)Employee work permit means a permit issued to an employee of the licensed operator or a service provider, or to a nonemployee owner, officer, or director of a licensed operator, by the commission pursuant to this chapter.
(n)Gambling means to deal, operate, carry on, conduct, maintain, or expose for play any game for money.
(o)Game means any gambling game.
(p)Gaming system means the technology, including hardware and software, used by a licensee to facilitate the offering of authorized Internet poker games to registered players.
(q)Good standing means that a person has not had a gambling license suspended or revoked by a final decision of the commission or been finally ordered by a court of competent jurisdiction to cease conducting gaming activities.
(r)(1)Gross gaming revenues means the total amount of moneys paid by players to the operator to participate in authorized games before deducting the cost of operating those activities except for fees to marketing affiliates and payment processing fees.
(2)Gross gaming revenues do not include player account deposits or amounts bet, except to the extent any portion of those bets are retained as fees by the operator, discounts on goods or services, rebates or promotional discounts or stakes provided to players, or revenues from nongaming sources, such as from food, beverages, souvenirs, advertising, clothing, and other nongaming sources.
(s)IGRA means the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.).
(t)Initial operator license means an operator license that is issued pursuant to subdivision (h) of Section 19990.402.
(u)Internet access device means a personal computer or mobile communications device used for connecting to the Internet.
(v)Internet Poker Fund means the fund established pursuant to Section 19990.801.
(w)Intrastate means within the borders and jurisdiction of California.
(x)Key employee means any natural person employed by a licensed operator, service provider, or marketing affiliate, or by a holding or intermediary company of a licensed operator, service provider, or marketing affiliate, who is an officer or director of the licensed operator or service provider, or who, in the judgment of the commission, has the authority to exercise significant influence over decisions concerning the operation of the licensed operator or service provider as that operation relates to the Internet poker authorized by this chapter.
(y)Land-based gaming facility means a gambling establishment, as defined in subdivision (o) of Section 19805, that is operated pursuant to Chapter 5 (commencing with Section 19800), or a casino operated by a tribe on Indian land in California.
(z)Licensed operator means an eligible entity licensed pursuant to this chapter to offer the play of authorized Internet poker games to registered players on an authorized poker Web site.
(aa)Licensed service provider means a person licensed pursuant to this chapter to provide goods or services to a licensed operator for use in the operation of an authorized poker Web site.
(ab)Licensee means a licensed operator or licensed service provider.
(ac)Net position means the residual difference between assets and liabilities, as defined by generally accepted accounting principles.
(ad)Online self-exclusion form means a form on which an individual notifies a licensed operator that he or she must be excluded from participation in authorized Internet poker games for a stated period of time.
(ae)Owner means any person that is eligible to own a land-based gaming facility in California and that has a financial interest in, or control of, a person or entity required to be found suitable under this chapter, including shareholders, partners, and members of limited liability companies holding more than 10 percent of the equity or voting control of the person or entity and any person found by the commission to be exerting management or control of the person or entity in fact. An owner of a licensed operator shall include only those persons eligible to own a land-based gaming facility in California. Owner does not include the members or government officials of a tribe.
(af)Per hand charge means the amount charged by the licensed operator for registered players to play in a per hand game.
(ag)Per hand game means an authorized Internet poker game for which the licensed operator charges the player for each hand played.
(ah)Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity, including any federally recognized California Indian tribe, or an entity that is wholly owned by the tribe.
(ai)Play-for-fun game means a version of a lawfully played gambling game in which there is no requirement to pay to play or any possibility of winning any prize or other consideration of value, including, but not limited to, games offered only for purposes of training, education, marketing, or amusement.
(aj)Play-for-free game means a version of a lawfully played gambling game that may include prizes or pots, without requiring a fee or other consideration for the right to play.
(ak)Play settings means the options and default parameters made available by a licensed operator to a registered player in the play of authorized Internet poker games.
(al)(1)Poker means any of several nonbanked card games commonly referred to as poker that meet all of the following criteria:
(A)Played by two or more individuals who bet and play against each player and not against the house on cards dealt to each player out of a common deck of cards for each round of play, including those games played over the Internet using electronically generated and displayed virtual cards.
(B)The object of the game is to hold or draw to a hand containing a predetermined number of cards that, when all cards to be dealt in the round have been distributed and the betting is completed, meets or exceeds the value of the hands held by the other players. The pot of bets made is awarded to the player or players holding the combination of cards that qualify as the winning combination under the rules of play. Values may be assigned to cards or combinations of cards in various ways, including in accordance with their face value, the combinations of cards held, such as cards of a similar suit or face value, the order of the cards that are held, or other values announced before the round.
(C)The house may deal or operate and officiate the game, and may collect a fee for doing so, but is not a participant in the game itself. The house has no stake in who wins or loses.
(D)Poker may be played in a variety of ways, including dealing all cards to the players so that they may not be seen by others, dealing the cards open face to the players, dealing through a combination of both, or creating a common set of cards that may be used by all players. The particular rules and winning combinations are made known to the players before each round is dealt.
(E)All bets are placed in a common pot. At one or more predetermined points during the game a player may resign, challenge other players to make additional bets into the pot, or demand that players reveal their hand so a winner can be determined.
(F)A poker game that has been approved by the commission department for play in an authorized live poker room in California pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800)) shall be eligible for qualification by the commission department as the basis of an authorized Internet poker gambling game, except that pai gow and any other game in which persons other than authorized players to whom the cards in the game have been dealt, and by whom they are held and played, are permitted to bet on a game outcome or other game feature or may in any way control or influence the play of the hand, shall not be authorized, offered, or played in connection with an authorized Internet poker game. Subject to this limitation, the rules governing play in an authorized Internet poker game pursuant to this chapter shall generally be the same as if the game were lawfully played in a live poker room.
(G)An authorized Internet poker game shall not include a player-dealer position.
(H)Video games, slot machines, and other similar devices that individuals play against the house or device and win based on valuations or combinations of cards that are similar to those valuations or combinations used in live, interactive poker games, commonly known as video poker and video lottery, are not poker and are not permitted under this chapter.
(2)Other characteristics defining poker pursuant to this chapter include any of the following:
(A)Live players with equal chances of winning competing against each other over the Internet in real time and not against the house or any device.
(B)Success over time may be influenced by the skill of the player.
(C)The bets of one player may affect the decisions of another player in the game, and the decisions of one player may affect the success or failure of another.
(3)The term poker includes poker tournaments in which players pay a fee to the operator of the tournament under tournament rules approved by the applicable gaming regulatory agency.
(am)Proprietary information means all information, including, but not limited to, computer programs, databases, data, algorithms, formulae, expertise, improvements, discoveries, concepts, inventions, developments, methods, designs, analyses, drawings, techniques, strategies, new products, reports, unpublished financial statements, budgets, projections, billing practices, pricing data, contacts, client and supplier lists, business and marketing records, working papers, files, systems, plans, and all related registrations and applications, that, whether or not patentable or registerable under patent, copyright, trademark, or similar statutes, meet either of the following:
(1)The information can be protected as a trade secret under California law or any other applicable state, federal, or foreign law.
(2)The information derives independent economic value, actual or potential, from not being generally known to the public or to other persons that can obtain economic value from its disclosure or use.
(an)Proxy player means a machine, device, or agent, other than the registered player, that is used to play an authorized Internet poker game.
(ao)Registered player means a player who has registered with a licensed operator to play authorized Internet poker games on the licensed operators authorized poker Web site.
(ap)Registration information means the information provided by a person to a licensed operator in order to become a registered player.
(aq)Robotic play means the use of a machine or software to automate the next player action at any point in a game, including the use of a proxy player.
(ar)(1)Service provider means any person, other than an employee, that does any of the following:
(A)On behalf of a licensed operator, manages, administers, or controls bets on authorized Internet poker games provided over the Internet by a licensee pursuant to this chapter.
(B)On behalf of a licensed operator, manages, administers, or controls the games with which the bets described in subparagraph (A) are associated.
(C)On behalf of a licensed operator, develops, maintains, provides, or operates a gaming system.
(D)Sells, licenses, or otherwise receives compensation for selling or licensing, information on individuals in California who made bets on games over the Internet that were not authorized pursuant to this chapter.
(E)Provides any product, service, financing, or asset to a licensed operator and is paid a percentage of gaming revenue by the licensed operator, not including fees to financial institutions and payment providers for facilitating a deposit by a customer.
(F)Provides intellectual property, including trademarks, trade names, service marks, or similar intellectual property under which a licensed operator identifies its games to its customers.
(G)Receives compensation as part of an affiliate marketing program from bringing players or potential players to a licensed operators authorized poker Web site.
(2)Service provider does not include a provider of goods or services that provides similar goods or services to the public for purposes other than the operation of an authorized poker Web site, including, but not limited to, payment processors and geolocation service providers.
(as)State means the State of California.
(at)Terms of Use Registered Players Agreement means the agreement offered by a licensed operator and accepted by a registered player delineating, among other things, permissible and impermissible activities on an authorized poker Web site and the consequences of engaging in impermissible activities.
(au)Tournament means a competition approved by the commission department in which registered players play a series of authorized Internet poker games to decide the winner.
(av)Tournament charge means the amount charged by the licensed operator for registered players to play in a tournament.
(aw)Tournament winnings means the amount of any prize awarded to a registered player in a tournament.
(ax)Tribal gaming regulatory authority means the gaming regulatory authority of a federally recognized California Indian tribe that has the authority to regulate gaming on the tribes Indian lands pursuant to IGRA.
(ay)Tribe means a federally recognized California Indian tribe, including, but not limited to, the governing body of that tribe or any entity that is wholly owned by the tribe.
(az)Unlawful Gambling Enforcement Fund means the fund established pursuant to Section 19990.802, the revenue of which is dedicated to enforcing the prohibitions of this chapter.
3.Intrastate Internet Poker in California19990.301.Under the federal Unlawful Internet Gambling Enforcement Act of 2006, California is permitted to authorize games played via the Internet as long as all players and the online wagering is located within the jurisdiction of the state and the games are not played by minors.
19990.302.Notwithstanding any other law, a person who is 21 years of age or older and located within California is hereby permitted to participate as a registered player in an authorized Internet poker game provided by a licensed operator on an authorized poker Web site.
19990.303.(a)A person shall not do any of the following:
(1)Offer any game of poker on the Internet in this state unless that person holds a valid license issued by the commission to offer the play of authorized Internet poker games on an authorized poker Web site pursuant to this chapter.
(2)Offer to any player located within California any game provided on the Internet that is not authorized by the state pursuant to this chapter.
(3)As a player located in this state, play any game provided on the Internet that is not authorized by the state pursuant to this chapter.
(b)Subject to an opportunity to cure pursuant to Section 19990.521, a violation of this chapter is a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
19990.304.This chapter does not limit or restrict activities or conduct permitted pursuant to Chapter 5 (commencing with Section 19800) or IGRA.
19990.305.This chapter does not authorize any game offered in Nevada or New Jersey other than poker.
19990.306.A person shall not do either of the following:
(a)Aggregate computers or any other Internet access device in a place of public accommodation within the state, including a club or other association, or a public or other setting, that can accommodate multiple players to simultaneously play an authorized Internet poker game.
(b)Promote, facilitate, or market the activity described in subdivision (a).
19990.307.This chapter does not apply to play-for-fun or play-for-free games.
4.Licensing of Operators and Service Providers19990.401.(a)(1)Within 270 days after the effective date of this chapter, the commission, and any other state agency with a duty pursuant to this chapter, shall, in consultation with the department and tribes, adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this chapter, and to facilitate the operation of authorized poker Web sites and expedite the states receipt of revenues in compliance with this chapter. The initial adoption, amendment, or repeal of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the commission and those other state agencies are hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption, amendment, or repeal of an emergency regulation pursuant to this section, the commission and those other state agencies shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code, but shall promulgate permanent regulations in accordance with all applicable law.
(2)The regulations adopted by the commission shall at a minimum address all of the following:
(A)Underage gambling and problem gambling.
(B)Resolution of player disputes and complaints.
(C)
(B)Gaming system technical standards and practices.
(D)
(C)Hardware and software standards and compliance.
(E)
(D)License and work permit issuance and processes.
(F)
(E)Suitability standards and determinations.
(G)
(F)Temporary, provisional, and emergency approvals.
(H)
(G)Effect of receiverships, bankruptcy, insolvency, inheritance, and trusts affecting ownership of a licensee.
(I)
(H)Appeals from adverse decisions.
(3)The regulations adopted by the department shall at a minimum address all of the following:
(A)Approval of an authorized Internet poker game.
(B)Authorized Internet poker game rules.
(C)Authorized Internet poker gaming activities.
(D)Registered player-assessed fees, as necessary.
(E)In order to assist the departments enforcement of Section 19990.526, a procedure for the department to access any list of customers or any database containing customer information that was accrued or created by a licensed service provider prior to the effective date of the regulations described in this subdivision.
(b)(1)Each state agency with a duty pursuant to this chapter shall identify a point of contact at that agency and describe the responsibility of the contact with respect to the state agencys duty.
(2)Any notice provided by a licensee to a state agency pursuant to this chapter shall be addressed to the contact identified by the state agency pursuant to paragraph (1).
(3)Unless otherwise provided by this chapter, notice by a licensee to a state agency shall be deemed effective once it is received by the agency and deemed to be complete. An application or notice is not deemed complete until all pertinent documents, information, and fees are submitted to the department.
19990.402.(a)Authorized Internet poker games may be offered only by entities licensed pursuant to this chapter. An eligible entity seeking to offer authorized Internet poker games shall apply to the department for a determination of suitability. If the department determines the applicant is suitable to receive a license, the applicant shall then apply to the commission for an operator license. The applicant shall pay an application processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
(b)Employees of the licensed operator shall undergo a suitability review and obtain work permits pursuant to Article 6 (commencing with Section 19990.601). Owners, officers, and directors of licensed operators shall also undergo a suitability review and obtain employee work permits pursuant to Article 6 (commencing with Section 19990.601). The commission may refuse to issue a license to an applicant, or suspend or revoke a license of a licensed operator, that fails to comply with this requirement.
(c)In order to ensure that licensed operators are not mere facades for unlicensed, unqualified, or undisclosed interests, an applicant for an operator license pursuant to this chapter shall provide documentation to the commission establishing that, if the license is granted, the license applicant will be able, through its own net position or through credit extended directly to the applicant, and with full recourse to it, by a federal federally or state chartered financial institution not involved with the core functions of the authorized poker Web site, that is entirely secured by an equivalent amount of its own net position, to pay the license deposit required by subdivision (a) of Section 19990.519. In addition, a licensed operator shall submit regular financial reports to the department establishing that the operator meets financial viability requirements, as determined by the commission. The commission may terminate a license if the operator fails to submit the required reports or meet the financial viability requirements.
(d)An applicant for an operator license pursuant to this chapter that is a tribe shall include with its license application a limited waiver of the applicants sovereign immunity. This limited waiver shall apply exclusively to the state, and no other party, solely for the limited purpose of enforcing this chapter and any regulations adopted pursuant to this chapter, and with regard to any claim, sanction, or penalty arising therefrom against the licensed operator by the state, and for no other purpose.
(e)The commission shall issue an operator license to an applicant determined by the commission to qualify as an eligible entity within 150 days of receiving an application, if the applicant has already been subjected to a determination of suitability by the department and has been approved by the department to apply to the commission for licensure. All applicants shall undergo a determination of suitability prior to applying for an eligibility determination by the commission.
(f)The state may issue operator licenses only to eligible entities identified within this chapter. Any of the eligible entities may jointly apply for an operator license, either as a consortium or by forming an entity comprised entirely of eligible entities. Each eligible entity may have an interest in only a single operator license.
(g)An operator license denoting full licensure shall be issued for a term of seven years. Subject to the power of the commission to revoke, suspend, condition, or limit any license, as provided in this chapter, a license shall be automatically renewed every seven years thereafter upon application. Failure of a licensed operator to file an application for renewal may be deemed a surrender of the license.
(h)Each initial operator license issued pursuant to this section shall take effect on the same date. That date shall be one year after the effective date of the regulations described in Section 19990.401, unless the commission determines that good cause exists for those licenses to take effect in unison on a subsequent date. Each initial operator license shall be a temporary license, and shall be issued for a term of no longer than two years. The issuance of an initial operator license does not guarantee full licensure.
(i)A licensed operator may cease its operations after providing the department with a 90-day advance notice of its intent and a statement explaining its reasons for doing so, which may include the fact that continuing to operate the authorized poker Web site is commercially infeasible. In response to that notice, the state may file an action in the Superior Court of the County of Sacramento as it deems necessary to protect any state interests, including, but not limited to, the interests of registered players.
19990.403.(a)A licensees employees in direct contact with registered players shall be physically present in the state.
(b)All primary servers, facilities, bank accounts, and accounting records of the licensee related to authorized Internet poker shall be located in the state, except for redundant servers and except as may be permitted by the commission for a service provider, if the service provider ensures access to and jurisdiction over the relevant servers, facilities, bank accounts, and accounting records.
(c)Notwithstanding subdivisions (a) and (b), a licensee may request, and the department may approve, the licensees use of personnel, servers, facilities, bank accounts, and accounting records not physically present in the state when necessary to protect registered players and state interests, for the purposes of diagnosing and addressing technological problems, investigating fraud and collusion, and developing and supervising software and configuration changes.
(d)In addition to any other confidentiality protections afforded to license applicants, the state and its agencies shall treat the proprietary information of a license applicant as confidential to protect the license applicant and to protect the security of any prospective authorized poker Web site. This chapter does not prohibit the exchange of confidential information among state agencies considering a license application. The confidentiality provisions of this chapter exempt proprietary information supplied by a license applicant to a state agency from public disclosure consistent with subdivision (b) of Section 6253 of the Government Code.
(e)A license applicant shall submit to the department, together with its application, an application processing fee as specified in subdivision (a) of Section 19990.402. All moneys collected by the state pursuant to this subdivision shall be deposited into the Internet Poker Fund.
19990.404.(a)An entity seeking to act as a service provider shall apply to the department for a determination of suitability. If the department determines the applicant is suitable to receive a license, the applicant shall then apply to the commission for a service provider license, and obtain a service provider license, before providing goods or services to a licensed operator in connection with the operation of an authorized poker Web site. The commission may impose limitations and conditions upon the issuance of the service provider license or the utilization of the applicants assets acquired before the enactment of the act that added this section, or both, with respect to its operations in the state.
(b)The department shall review the suitability of an applicant for a service provider license. The applicant for a service provider license shall pay an application processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
(c)The department may establish a process to conduct a preliminary determination of suitability based on a partial investigation. A partial investigation is intended to screen out applicants that do not meet the suitability requirements of this chapter. A partial investigation shall include fingerprint-based state and federal criminal history checks and clearances, and inquiries into various public databases regarding credit history and any civil litigation. A partial investigation shall also include a review of the service providers financial status, which shall include the submission of a report prepared by a forensic accounting, audit, or investigative firm approved by the department, in a format developed by the department, and at the service providers expense. The report shall include the financial information necessary for the department to make a preliminary determination of suitability. The department may specify additional requirements regarding the contents of the report and any other financial information or documentation required to be submitted. A full investigation shall be conducted of only those service providers that pass the partial investigation and that will undergo a full investigation pursuant to subdivision (d). Those service providers that are awarded a preliminary determination of suitability based on a partial investigation are not guaranteed full licensure. Those service providers that do not pass the partial investigation may appeal the decision to the commission.
(d)Before the commission issues a service provider license to an applicant, the department shall conduct the full investigation required by this section of all of the following persons:
(1)All officers of the license applicant.
(2)The owner or owners of either of the following:
(A)The license applicant.
(B)Any corporate affiliate of the license applicant.
(3)Any persons otherwise providing goods to, or performing services for, the license applicant related to core functions.
(4)Any person deemed by the department to have significant influence over the license applicant or its service providers or their respective operations.
(5)In the case of a tribe or a wholly owned tribal entity that is a service provider, the investigation shall be limited to the business officers of the tribal entity that will serve as the service provider.
(e)A full investigation shall include a review and evaluation of the service providers qualifications and experience to provide the services anticipated, which shall include the required submission of a report prepared on each service provider by an outside firm contracted and supervised by the department, in a format developed by the department, and at the service providers expense. The report shall include information necessary for the department to make a determination of suitability, as specified in regulations adopted pursuant to this chapter, consisting of, but not limited to, personal history, prior activities and associations, credit history, civil litigation, any indictments, past and present financial affairs and standing, and business activities, including whether the applicant or an affiliate of the applicant has a financial interest in any business or organization that is or was engaged in any form of gaming or transactions related to gaming prohibited by the law of the federal or state jurisdiction in which those activities took place. The department shall consult with officials of the United States Department of Justice, other states, and international jurisdiction where the applicant has sought to be or has been licensed. The department may specify additional requirements regarding the contents of the report and other information or documentation required to be submitted.
(f)(1)Unless licensed or authorized pursuant to this chapter or comparable federal or state law in the jurisdiction where the bet or wager was made or the facilitation of the wager or financial transaction occurred, there is a rebuttable presumption that an applicant for a service provider license is unsuitable if either of the following occurred:
(A)The applicant, or its corporate or marketing affiliate, accepted a bet or wager on any form of Internet gambling, or engaged in a transaction relating to those bets or wagers, from a person located in the United States after December 31, 2011.
(B)A member of the board of directors or the ultimate parent company of, the chief executive officer of, or a shareholder holding more than 10 percent of the shares of, the applicant, or its corporate or marketing affiliate, was directly involved in an executive decisionmaking capacity in facilitating a wager or financial transaction relating to Internet gambling in the United States and that person remains affiliated with the applicant at the time of the application.
(2)An applicant may rebut the presumption described in paragraph (1) by proving to the department, by a preponderance of the evidence, any of the following:
(A)The acceptance of the bet or wager, the engagement in the transaction, or the facilitation of the wager or financial transaction was not knowing or intentional.
(B)The bet or wager was accepted, or the transaction was engaged in, notwithstanding reasonable efforts by the applicant, or its corporate or marketing affiliate, to exclude bets or wagers from the person.
(C)The acceptance of the bet or wager, the engagement in the transaction, or the facilitation of the wager or financial transaction occurred within a reasonable time period in order to cease those activities in the United States.
(D)The person described in subparagraph (B) of paragraph (1) is no longer affiliated with the applicant.
(3)This subdivision shall not limit the departments authority to make a determination regarding suitability pursuant to Section 19990.405.
(f)
(g)An institutional investor holding less than 10 percent of the equity securities of a service providers holding or intermediary companies shall be granted a waiver of a determination of suitability or other requirement if all of the following apply:
(1)The securities are those of a corporation, whether publicly traded or privately held.
(2)Holdings of those securities were purchased for investment purposes only.
(3)The institutional investor annually files a certified statement with the department to the effect that it has no intention of influencing or affecting the affairs of the issuer, the licensee, or service provider, as applicable, or its holding or intermediary companies.
(4)Notwithstanding paragraph (3), the institutional investor may vote on matters submitted to the vote of the outstanding security holders after the investor has been issued a license.
(5)The certification described in paragraph (3) shall do all of the following:
(A)Include a statement that the institutional investor beneficially owns the equity securities of the corporation for investment purposes only, and in the ordinary course of business as an institutional investor, and not for the purposes of causing, directly or indirectly, the election of members of the board of directors, or effecting a change in the corporate charter, bylaws, management, policies, or operations of the corporation of any of its affiliates.
(B)Indicate any changes to the structure or operations of the institutional investor that could affect its classification as an institutional investor, as that term is listed in paragraph (8).
(C)State that the institutional investor and corporation shall maintain gaming compliance policies and procedures to implement and ensure compliance with this chapter and regulations adopted pursuant to this chapter.
(6)An institutional investor granted a waiver under this subdivision that subsequently decides to influence or affect the affairs of the issuer shall provide not less than 30 days notice of that intent and shall file with the department a request for determination of suitability before taking an action that may influence or affect the affairs of the issuer. An institutional investor shall not vote prior to being issued a license. If an institutional investor changes its investment intent, or the department finds reasonable cause to believe that the institutional investor may be found unsuitable, the institutional investor shall take no action other than divestiture with respect to its security holdings until it has complied with any requirements established by the department, which may include the execution of a trust agreement. The institutional investor and its relevant holding, related, or subsidiary companies shall immediately notify the department and, if a tribal license is involved, the tribal gaming regulatory authority, of any information about, or actions of, an institutional investor holding its equity securities when that information or action may impact upon the eligibility of the institutional investor for a waiver pursuant to paragraph (2).
(7)If at any time the department finds that an institutional investor holding a security of a licensee under this chapter has failed to comply with the terms of this chapter, or if at any time the department finds that, by reason of the extent or nature of its holdings, whether of debt or equity securities, an institutional investor is in a position to exercise such a substantial impact upon the controlling interests of a licensee that investigation and determination of suitability of the institutional investor are necessary to protect the public interest, the department may take any necessary action otherwise authorized by this chapter to protect the public interest.
(8)For purposes of this subdivision, an institutional investor includes all of the following:
(A)A retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees.
(B)An investment company registered under the federal Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
(C)A collective investment trust organized by banks under Part 9 of the Rules of the Office of the Comptroller of the Currency (12 C.F.R. Sec. 9.1 et seq.).
(D)A closed-end investment trust.
(E)A chartered or licensed life insurance company or property and casualty insurance company.
(F)A federally or state-regulated bank, savings and loan, or other federally or state-regulated lending institution.
(G)An investment adviser registered under the federal Investment Advisers Act of 1940 (15 U.S.C. Sec. 80b-1 et seq.).
(g)
(h)An agreement between a licensed operator and a service provider that is a horse racing association operating pursuant to Chapter 4 (commencing with Section 19400) shall ensure that at least 50 percent of the gross gaming revenue that the licensed operator derives from the service provided by the service provider is paid to the service provider.
19990.405.(a)The department shall issue a finding that a license applicant is suitable to obtain a license only if, based on all of the information and documents submitted, the department is satisfied that each of the persons subject to a determination of suitability pursuant to this article is both of the following:
(1)A person of good character, honesty, and integrity, or, if an entity, in good standing in its jurisdiction of organization and in all other jurisdictions in which it is qualified, or should be qualified, to do business.
(2)A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest of the state, or to the effective regulation and control of authorized Internet poker games, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of authorized Internet poker games or in the carrying on of the business and financial arrangements incidental thereto.
(b)The department shall issue a finding that a license applicant is not suitable to obtain a license if it finds that a person subject to a determination of suitability pursuant to this article is described by any of the following:
(1)The person failed to clearly establish eligibility and qualifications in accordance with this chapter.
(2)The person failed to timely provide information, documentation, and assurances required by this chapter or requested by the department, or, with respect to a licensed applicant, failed to reveal any fact material to qualification, or supplied information that is untrue or misleading as to a material fact pertaining to the suitability criteria.
(3)The person has been convicted of a felony, including a conviction by a federal court or a court in another state or foreign jurisdiction for a crime that would constitute a felony if committed in California, except that a conviction of a felony involving the hunting or fishing rights of a tribal member while on his or her reservation shall not be included among the class of disqualifying felonies.
(4)The person has been convicted of a misdemeanor in a jurisdiction involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code. However, the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the department or affect the applicants burden.
(5)The person has associated with criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(6)The person has contemptuously defied a legislative investigative body, or other official investigative body of a state or of the United States or a foreign jurisdiction, when that body is engaged in the investigation of crimes relating to poker, official corruption related to poker activities, or criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(7)The person is less than 21 years of age.
(8)(A)The person has been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity.
(B)A licensee shall not enter into a contract or agreement with a person or entity described in subparagraph (A).
(C)The act that added this subparagraph shall not become operative until criteria are established by statute to address involvement in Internet betting prior to the states authorization of Internet poker pursuant to this chapter.
(c)License applications shall be treated as follows:
(1)The commission shall reject the license application of an applicant found to be ineligible for licensure.
(2)If denial of the application, or approval of the license with restrictions or conditions on the license, is recommended, the department shall prepare and file with the commission written reasons upon which the recommendation is based. Prior to filing its recommendation with the commission, the department shall meet with the applicant, or the applicants duly authorized representative, and inform the applicant generally of the basis for a proposed recommendation that the application be denied, restricted, or conditioned.
(3)This section does not require the department to divulge to the applicant confidential information received from a law enforcement agency or information received from a person with assurances that the information would be maintained confidential, nor to divulge any information that might reveal the identity of an informant or jeopardize the safety of a person.
(4)Denial of an application shall be without prejudice to a new and different application filed in accordance with any regulations adopted by the commission with respect to the submission of applications.
(5)An applicant may withdraw its application for a license at any time prior to final action on the application by the commission by filing a written request with the commission to withdraw the application, absent knowledge of a specific reason to suspect that the person or entity may be found unsuitable.
19990.406.(a)This chapter does not restrict the authority of a tribe that is a licensed operator or that owns a tribal enterprise that is a licensed operator to conduct suitability reviews of its service providers.
(b)This chapter also does not prohibit a tribal gaming regulatory authority from providing the results of its suitability investigations or determinations to the commission or department for its consideration in issuance of licenses pursuant to this chapter.
5.Requirements for the Operation of an Authorized Poker Web Site19990.501.(a)A licensed operator shall ensure that registered players are eligible to play authorized Internet poker games and implement appropriate data security standards to prevent access by a person whose age and location have not been verified in accordance with this chapter.
(b)A registered player shall be physically located within the State of California at the time of gambling.
(c)A registered player shall be at least 21 years of age.
(d)Each licensed operator shall do all of the following, whether directly or through the actions of its licensed service providers:
(1)Prior to registering a person as a registered player or permitting a person to play an authorized Internet poker game, the licensed operator shall verify that the person is 21 years of age or older.
(2)The licensed operator shall attempt to match the name, address, and date of birth provided by the person to information contained in records in a database of individuals who have been verified to be 21 years of age or older by reference to an appropriate database of government records.
(3)The licensed operator shall verify that the name and physical billing address on the check or credit card offered for payment by the person seeking to be a registered player matches the name and address listed in the database.
(4)If the licensed operator is unable to verify that the person is 21 years of age or older pursuant to paragraph (1), the licensed operator shall require the person to submit age-verification documents consisting of an attestation signed by the person that he or she is 21 years of age or older and a copy of a valid form of government identification. For the purposes of this section, a valid form of government identification includes a drivers license, state identification card, passport, official naturalization or immigration document, such as an alien registration receipt card or an immigrant visa, or United States military identification. The licensed operator shall verify that the physical billing address on the check or credit card provided by the person matches the address listed on his or her government identification.
(5)The licensed operator shall not permit registered players to make payments or withdrawals by money order or cash, except that a licensed operator may permit registered players to make payments or withdrawals by money order or cash in person at the land-based gaming facility operated by the licensed operator. The licensed operator shall submit information to each credit card company through which it makes credit card sales, in an appropriate form and format so that the words Internet poker or equivalent description is printed on the purchasers credit card statement with that credit card company, when a payment to a licensed operator is made by credit card and the transaction is categorized as required by law.
(e)A licensed operator is not in violation of this section if the operator complies with the requirements of paragraphs (1) and (2) of subdivision (d), and a person under 21 years of age participates in an authorized Internet poker game provided by the licensed operator.
(f)The department may assess a civil penalty against a person who violates this section, whether a licensed operator, owner, service provider, or player, according to the following schedule:
(1)Not less than one thousand dollars ($1,000), and not more than two thousand dollars ($2,000), for the first violation.
(2)Not less than two thousand five hundred dollars ($2,500), and not more than three thousand five hundred dollars ($3,500), for the second violation.
(3)Not less than four thousand dollars ($4,000), and not more than five thousand dollars ($5,000), for the third violation.
(4)Not less than five thousand five hundred dollars ($5,500), and not more than six thousand five hundred dollars ($6,500), for the fourth violation.
(5)Ten thousand dollars ($10,000) for a fifth or subsequent violation.
(g)The commission shall, by regulation, provide a process for a licensee to exclude from play any person who has filled out an online self-exclusion form.
(1)The commission shall develop an online self-exclusion form within six months of the effective date of this chapter.
(2)The commission shall deliver the form to each licensed operator.
(3)A licensed operator shall prominently display a link to the departments Responsible Gambling Internet Web page and the online self-exclusion form on the authorized poker Web site that is displayed when either of the following occurs:
(A)A person registers as a registered player.
(B)Each time a registered player accesses the authorized poker Web site prior to playing.
(4)A licensed operator shall retain the online self-exclusion form to identify persons who want to be excluded from play. A licensed operator shall exclude those persons from play.
(5)A licensed operator that has made commercially reasonable efforts to comply with this subdivision shall not be held liable in any way if a person who has filled out an online self-exclusion form plays despite that persons request to be excluded.
19990.502.A licensed operator shall offer only authorized Internet poker games and process bets in accordance with the specified game and betting rules established by the licensed operator and approved by the commission department pursuant to Section 19990.503.
19990.503.(a)In order to propose a game for play, a licensed operator shall provide the department with both of the following via electronic means or via mail:
(1)Game rules and betting rules it proposes to offer to registered players.
(2)Documentation from an independent gaming test laboratory that is licensed or registered in any United States jurisdiction to test, approve, and certify the games software.
(b)A licensed operator shall not offer a game for play until the department has approved the game rules and betting rules.
19990.504.(a)A licensed operator shall ensure that games are fair.
(b)A licensed operator shall display a link on its authorized poker Web site that includes the following information for each game offered:
(1)The name of the game.
(2)Any restrictions on the play of the game.
(3)The rules of the game.
(4)All instructions on how to play.
(5)The unit and total bets permitted.
(6)Per hand charges assessed to registered players.
(7)The registered players current account balance, which shall be updated in real time.
(8)Any other information that a licensed operator or the department determines is necessary for the registered player to have in real time to compete fairly in the game.
(c)A licensed operator shall display a link on its authorized poker Web site that includes the following information for each tournament offered:
(1)Tournament rules.
(2)Tournament charge.
(3)Games offered during the tournament.
(4)Prize structure and number of registered players that will be paid.
(5)Buy-in amount, re-buy amount, and add-on amount.
(d)Data used to create game results shall be unpredictable so that it is infeasible to predict the next occurrence in a game.
(e)A licensed operator shall deploy controls and technology to minimize fraud or cheating through collusion, including external exchange of information between different players, or any other means.
(1)If a licensed operator becomes aware that fraud or cheating is taking place or has taken place, it shall take steps to stop those activities immediately and inform the department of all relevant facts.
(2)The department shall not impose a fine against a licensed operator to prevent fraud or cheating if the licensed operator can demonstrate that it acted responsibly to prevent those activities as soon as the licensed operator became aware of them.
(f)In a per hand game, if the gaming server or software does not allow a game to be completed, the game shall be void and all funds relating to the incomplete game shall be returned to the registered players account.
(g)In a tournament, if the gaming server or software does not allow the tournament to be completed, all prize money shall be distributed among players in accordance with the procedure approved by the department and published by the licensed operator prior to the commencement of the tournament.
(h)A licensed operator shall display or allow the results from any authorized Internet poker game, including the redemption of winnings from any game, to be displayed or represented only by showing the card faces of the winning hand and the dollar amount won.
(i)A licensed operator shall not do any of the following:
(1)Display or allow the outcome from any authorized Internet poker game, including the redemption of winnings from any game, to be displayed or represented in a manner that mimics a slot machine or any other casino-style games, including, but not limited to, blackjack, roulette, or craps.
(2)Use casino game graphics, themes, or titles, including, but not limited to, depictions of slot machine-style symbols, banked or banking card games, craps, roulette, keno, lotto, or bingo.
(3)Allow the use of robotic play at any time by itself, a service provider, or a player.
19990.505.(a)A licensed operator shall register players and establish registered player accounts prior to play.
(b)A person shall not participate in any game provided by a licensed operator unless the person is a registered player and holds a registered player account.
(c)A registered player account may be established in person, or by United States mail, telephone, or by any electronic means.
(d)To register and establish a registered player account to play poker with real money, a person shall provide all of the following registration information:
(1)First name and surname.
(2)Principal residence address.
(3)Telephone number.
(4)Social security number.
(5)Identification or certification to prove that person is at least 21 years of age.
(6)Valid email address.
(e)A licensed operator shall provide registered players with the means to update the registration information provided to the licensed operator, and shall require that registered players keep registration information current.
(f)This section does not prevent a licensed operator from entering into a marketing agreement with a third party, who has been determined to be suitable and licensed as a service provider, to recruit people to become registered players if the registration process described in this section is under the sole control of the licensed operator.
19990.506.(a)A licensed operator shall provide a means for registered players to put funds into a registered player account and transfer funds out of that account.
(b)A registered player shall identify the source of funds to be used to put money into the registered player account established once the registration process is complete.
(c)At the time of establishing a registered player account, a registered player shall designate the bank account into which funds from the registered players authorized poker Web site account are to be transferred.
(d)A registered player shall not establish more than one account on the same authorized poker Web site.
(e)While playing an authorized Internet poker game, the game system shall not permit a registered player to increase the amount of money that player has available at a game table while a hand is in play. Any increase to the funds available to a player during a hand shall not take effect until the following hand.
(f)A licensed operator shall maintain records on the balance of each registered players account.
(g)A licensed operator shall not permit a registered player to place a bet unless the registered players account has sufficient funds to cover the amount of the bet.
(h)A licensed operator shall not provide credit to a registered players account or act as agent for a credit provider to facilitate the provision of funds.
(i)Interest shall not be paid by a licensed operator with respect to a registered players account.
(j)A licensed operator shall segregate funds it holds in all registered player accounts from all of its other assets.
(k)A licensed operator shall not commingle funds in the segregated account containing funds paid by registered players with any other funds held by the licensed operator, including, but not limited to, operating funds of the licensed operator. Both the accounts of the licensed operator and its segregated registered player accounts shall be held in financial institutions located in the state.
(l)Funds held in a registered players account shall be used only for the following purposes:
(1)To pay per hand or tournament charges owed by a registered player to the licensed operator for play of authorized Internet poker games.
(2)To transfer funds from one registered players account to the account of another registered player to reconcile the result of a loss in the play of an authorized Internet poker game.
(3)To transfer funds from a registered players account to a temporary account to be held by a licensed operator pending the outcome of an authorized Internet poker game.
(4)To remit tax proceeds due and owing from a registered player to the Franchise Tax Board.
(5)To transfer funds from a registered players account with the licensed operator to an account specified by that registered player upon that registered players request.
19990.507.Prior to completing the registration process, a licensed operator shall explain in a conspicuous fashion to the person who is registering the privacy policies of the authorized poker Web site, and the person shall assent to the following policies:
(a)Personally identifiable information shall not be shared with any nongovernmental third parties, except as provided in Section 19990.512.
(b)All personally identifiable information about registered players shall be shared with state agencies, including, but not limited to, the department, the commission, the Franchise Tax Board, and the Department of Child Support Services as necessary to assist them in fulfilling their obligations.
(c)Personally identifiable information may be shared with governmental agencies only as set forth in subdivision (b) or subject to court order as provided in Section 19990.512.
19990.508.A licensed operator may require that a registered player, or a person registering as a player, agree to a Terms of Use Registered Players Agreement.
19990.509.A licensed operator may suspend or revoke the account of a registered player for any of the following reasons:
(a)A person or registered player provided false information to the licensed operator, including, but not limited to, in the registration process.
(b)The registered player has not updated registration information to keep it current.
(c)The registered player has violated the authorized poker Web sites Terms of Use Registered Players Agreement.
(d)The person has already been registered.
(e)The licensed operator suspects that the registered player has participated in an illegal or unauthorized activity on the authorized poker Web site.
(f)The licensed operator is directed by a state agency to suspend or revoke the registered players account.
19990.510.Upon registration, and each time a registered player logs into an authorized poker Web site, the licensed operator shall permit a registered player to adjust his or her play settings to:
(a)Set a limit on the deposits that can be made per day.
(b)Set a limit on the aggregate losses in a registered players account within a specified period of time.
(c)Set a limit on the amount of time that a registered player can play.
19990.511.A licensed operator shall offer customer support that shall be available to registered players 24 hours per day, 365 days per year.
19990.512.(a)A licensed operator shall protect the privacy of registered players and their personally identifiable information.
(b)A licensed operator shall comply with all applicable state and federal privacy and data protection laws.
(c)At the time a registered player registers with a licensed operator, and at least one time per year thereafter, a licensed operator shall provide notice in the form of a separate, written statement, delivered via the United States Postal Service or electronic mail, to the registered player that clearly and conspicuously informs the registered player of all of the following:
(1)The nature of personally identifiable information collected or to be collected with respect to the registered player and the nature of the use of that information.
(2)The nature, frequency, and purpose of any disclosure that may be made of personally identifiable information, including an identification of the types of persons to whom the disclosure may be made.
(3)The period during which personally identifiable information will be maintained by the licensed operator.
(4)The times and place at which the registered player may have access to personally identifiable information in accordance with subdivision (h).
(5)The limitations provided by this section with respect to the collection and disclosure of personally identifiable information by a licensed operator.
(d)A licensed operator shall not collect personally identifiable information concerning any registered player without the prior written or electronic consent of the registered player.
(e)A licensed operator may collect personally identifiable information in order to do both of the following:
(1)Obtain information necessary to operate the authorized poker Web site and offer authorized Internet poker games to registered players pursuant to this chapter.
(2)Detect unauthorized play, activities contrary to a licensed operators Terms of Use Registered Players Agreement, or activities contrary to state or federal law.
(f)Except as provided in subdivision (g), a licensed operator shall not disclose personally identifiable information concerning any registered player without the prior written or electronic consent of the registered player and shall take actions necessary to prevent unauthorized access to that information by a person other than the registered player or licensed operator.
(g)A licensed operator may disclose personally identifiable information if the disclosure is any of the following:
(1)Necessary to render, or conduct a legitimate business activity related to, the provision of authorized Internet poker games to the registered player by the licensed operator.
(2)Subject to subdivision (j), made pursuant to a court order authorizing the disclosure, if the registered player is notified of the order by the person to whom the order is directed.
(3)A disclosure of the names and addresses of registered players to any tournament third party, if both of the following apply:
(A)The licensed operator has provided the registered player the opportunity to prohibit or limit the disclosure.
(B)The disclosure does not reveal, directly or indirectly, the nature of any transaction made by the registered player over the authorized poker Web site.
(4)A disclosure to the commission and the department to fulfill its obligations under this chapter or to a state agency as authorized in this chapter.
(5)A disclosure to persons found suitable under this chapter if the registered player is notified and consents to the information being shared.
(h)A licensed operator shall provide a registered player with access to all personally identifiable information regarding that registered player that is collected and maintained by the licensed operator. The licensed operator shall make the information available to the registered player at reasonable times and at a place designated by the licensed operator. A licensed operator shall provide a registered player a reasonable opportunity to correct any error in the information.
(i)A licensed operator shall destroy personally identifiable information if both of the following apply:
(1)The information is no longer reasonably necessary for the purpose for which it was collected.
(2)There are no pending requests or orders for access to the information under subdivision (j).
(j)A governmental or nongovernmental third party may obtain personally identifiable information concerning a registered player pursuant to a court order only if, in the court proceeding relevant to the court order, both of the following apply:
(1)The third party offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity or otherwise relevant to a pending civil action and that the information sought would be material evidence in the case.
(2)The registered player about whom the information is requested is afforded the opportunity to appear and contest the third partys claim.
19990.513.A licensed operator shall establish a book of accounts and regularly audit all of its financial records and reports, which shall, at a minimum, include all of the following:
(a)Monthly auditable and aggregate financial statements of gambling transactions.
(b)Monthly calculation of all amounts payable to the state.
(c)The identity of registered players.
(d)The balance on each registered players account at the start of a session of play, the amount won or lost by each registered player during a game, and the balance on the registered players account.
(e)The bets placed on each game, time stamped by the games server.
(f)The result of each game, time stamped by the games server.
(g)The amount, if any, as determined by the registered player, withheld from winnings for federal or state income tax purposes.
19990.514.(a)A licensed operator shall make all financial records established and maintained pursuant to Section 19990.513, including, but not limited to, all books, records, documents, financial information, and financial reports, available on an electronic basis, as required by the commission, the department, or other state agencies so that those state agencies can fulfill their responsibilities under this chapter. A state agency may request specific printed hard copies of records for good cause.
(b)The licensed operators data shall be retained in a manner by which it may be accessed online by a state agency with responsibilities pursuant to this chapter. The commission shall identify which state agencies require online access.
(c)Notwithstanding subdivision (b), data covered by subdivisions (d), (e), and (f) of Section 19990.513 shall be accessible to the state agencies online for 180 days, and, thereafter, archived and retained for two years.
19990.515.A licensed operator shall do all of the following:
(a)Implement technical systems that materially aid the commission in the protection of registered players. Software shall meet, at a minimum, international industry standards as verified by an independent gaming test laboratory that is licensed or registered in any United States jurisdiction to test, approve, and certify the software.
(b)Define and document its methodology for developing software and applications and describe the manner in which software protects registered players from fraud and other risks in the play of authorized Internet poker games and in the management of registered player accounts.
(c)Meet minimum game server connectivity requirements to ensure that registered players are protected from losses due to connectivity problems.
(d)Ensure that all transactions involving registered players funds are recoverable by the system in the event of a failure or malfunction.
(e)Ensure that all information required for reviewing a game interrupted due to loss of connectivity is recoverable by the licensed operator.
(f)Document and implement preventive and detective controls addressing money laundering and fraud risks.
19990.516.(a)A licensed operator may charge registered players to play in authorized Internet poker games.
(b)(1)A licensed operator may charge a per hand charge if the per hand charge is designated and conspicuously posted on the licensed operators authorized poker Web site.
(2)A licensed operator may vary the per hand charges to registered players based on betting limits or other factors.
(c)(1)A licensed operator may charge a tournament charge if the tournament charge is designated and conspicuously posted on the licensed operators authorized poker Web site.
(2)A licensed operator may vary tournament charges based on tournament prizes or other factors.
(d)A licensed operator shall provide notice to the commission of the charges to registered players prior to initiating play.
19990.517.A licensed operator may do any of the following:
(a)Enter into an agreement with any third party to sponsor or underwrite prizes for a tournament, subject to the approval of the commission and, if applicable, the tribal gaming regulatory authority.
(b)Enter into an agreement to sell advertisement space on any Internet Web site it controls.
(c)Enter into an agreement with a third-party service provider for marketing, or any other purpose consistent with this chapter, including, but not limited to, displaying the name of a marketing partner on a screen viewed by a registered player.
(d)Enable a chat function between registered players if it has in place effective controls against collusion.
(e)Post Internet Web links on the Internet Web sites it controls to permit registered players to access remote Internet Web sites.
(f)Offer authorized Internet poker games on up to two authorized poker Web sites pursuant to its license.
(g)Enter into contractual agreements with one or more licensed operators for the purpose of ensuring adequate player liquidity.
19990.518.There are three categories of application fees, regulatory fees, and license deposits, as follows:
(a)Application Processing Fee. In order to cover the costs of suitability investigations and other costs of processing an application for a license or work permit, the applicant shall deposit the applicable application processing fee as provided in subdivision (a) of Section 19990.402, subdivision (e) of Section 19990.403, subdivision (b) of Section 19990.404, or Section 19990.605. Any balance of the application processing fee that remains after completion of the determination of suitability shall be refunded to the applicant. If additional moneys are needed to complete the determination of suitability of the license applicant, the applicant shall pay the funds necessary to complete the determination of suitability.
(b)One-time License Deposit. Prior to offering any games for play or accepting any bets on its authorized poker Web site, a licensed operator shall pay the one-time license deposit as provided in subdivision (a) of Section 19990.519. This deposit shall be an advance against the duty on gross gaming revenues specified in subdivision (b) of Section 19990.519.
(c)Ongoing Regulatory Fees. Following issuance of a license and beginning of operations thereunder, the licensed operator shall pay the ongoing regulatory fees set forth in subdivision (c) of Section 19990.519.
19990.519.(a)In support of the application for a license pursuant to this chapter, prior to offering games or accepting bets on its authorized poker Web site, the licensed operator shall remit to the Treasurer a one-time license deposit in the amount of ____ dollars ($____), twelve million five hundred thousand dollars ($12,500,000), to be deposited into the General Fund, subject to Section 19619.8, and credited against charges imposed pursuant to subdivision (b) on the licensed operators gross gaming revenues. Upon depletion of the license deposit, the department shall notify the licensed operator to commence quarterly payments to the state in accordance with subdivision (b). 19619.8.
(b)(1)In consideration of the substantial value of each license, a licensed operator shall remit to the Treasurer on a quarterly an annual basis for deposit in the General Fund, subject to Section 19619.8, an amount equal to ____ percent of its gross gaming revenues. a percentage of its gross gaming revenues pursuant to the applicable rate percent described in paragraph (2).
(1)Each quarterly payment shall be due on the 10th day of the month following the end of each quarter.
(2)The rate percent assessed per year on a licensed operator pursuant to this subdivision shall be based upon the annual cumulative total of gross gaming revenues for all licensed operators during the calendar year as follows:
(A)If annual gross gaming revenues are less than or equal to one hundred fifty million dollars ($150,000,000), the rate percent is 8.847 percent.
(B)If annual gross gaming revenues are more than one hundred fifty million dollars (150,000,000) and less than or equal to two hundred fifty million dollars ($250,000,000), the rate percent is 10 percent.
(C)If annual gross gaming revenues are more than two hundred fifty million dollars ($250,000,000) and less than or equal to three hundred fifty million dollars ($350,000,000), the rate percent is 12.5 percent.
(D)If annual gross gaming revenues are more than three hundred fifty million dollars ($350,000,000), the rate percent is 15 percent.
(3)(A) By January 31 of each calendar year, the commission shall, based on financial information submitted to it by licensed operators, determine the applicable rate percent for the preceding calendar year consistent with paragraph (2) and notify each licensed operator of that rate percent.
(B)Each annual payment shall be due 30 days after the licensed operator receives the notification from the commission described in subparagraph (A).
(4)The commission shall administer and collect the duty imposed by this subdivision pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of the Revenue and Taxation Code). For purposes of this subdivision, the references to fee in the Fee Collection Procedures Law shall include the duty imposed by this subdivision, and, except when the context provides otherwise, references to feepayer in that law shall include a licensed operator required to pay the duty imposed by this subdivision and references to the board in that law shall refer instead to the commission.
(2)
(5)A licensed operator shall make all electronic and written financial records available to the Treasurer, the commission, and the department on an electronic basis.
(c)Each licensed operator shall pay a regulatory fee, to be deposited in the Internet Poker Fund, in an amount to be determined by the commission, for the reasonable costs of license oversight, consumer protection, state regulation, problem gambling programs, and other purposes related to this chapter, determined on a pro rata basis depending on the number of licensed operators in the state.
19990.520.(a)The licensed operator shall facilitate the collection of personal income taxes from registered players by the Franchise Tax Board and shall be responsible for providing current and accurate documentation on a timely basis to all state agencies, as provided in this chapter.
(b)The state and its agencies shall treat the proprietary information provided by a licensed operator as confidential to protect the licensed operator and to protect the security of the authorized poker Web site.
(c)The confidentiality provisions of this chapter exempt proprietary information supplied by a licensee to a state agency from public disclosure consistent with subdivision (b) of Section 6253 of the Government Code.
19990.521.(a)A licensee shall act expeditiously to cure any violation of this chapter, or any regulation adopted pursuant to this chapter, in the offer or administration of authorized Internet poker games that interferes with its obligations to the state or registered players under this chapter.
(b)If a licensee becomes aware of any violation of this chapter, it shall notify the department immediately and work with the department to develop a plan to rectify the violation.
(c)If the department becomes aware of any violation of this chapter, or if it becomes aware of any activities that might lead to a violation, the department shall provide notice of that violation to the licensee and a reasonable opportunity for the licensee to cure the violation. If the violation is not timely cured, the department shall investigate the violation further and may take enforcement actions. If the commission becomes aware of any violation of this chapter, the commission shall notify the department of the violation immediately so that the department may take appropriate action pursuant to this chapter.
(d)All state agencies with responsibilities under this chapter shall report any actual or suspected violation of this chapter, or any regulation adopted pursuant to this chapter, or activities that may lead to a violation, to the department immediately so that the department can assess whether it needs to commence an investigation or enforcement action.
(e)A licensee shall be afforded a reasonable time period to cure any reported violation. During this time period, a licensee shall not be subject to prosecution for the criminal penalty described in Section 19990.303, or liable for the civil penalties described in this article.
(f)The department shall have subpoena power in an investigation of any violation of this chapter, or any regulation adopted pursuant to this chapter.
(g)The commission may revoke or suspend any license or work permit under this chapter upon reaching a finding that the licensee or employee is in violation of any provision of this chapter, or any regulation adopted pursuant to this chapter. However, a tribal licensee shall not have its license suspended or revoked, or be fined or otherwise penalized, for complying with any applicable federal law or regulation when operating an authorized poker Web site on Indian lands. To the extent that any state requirement is more stringent than any applicable federal requirement, the tribal licensee shall comply with the more stringent state requirement, unless the federal requirement preempts state law.
(h)A licensee may appeal any final decision of the department pursuant to this section to the superior court. The superior court shall hear any appeal de novo.
(i)The department shall protect the rights and assets of registered players on an authorized poker Web site if the licensed operators license pursuant to this chapter is revoked or the licensed operator becomes bankrupt.
19990.522.(a)(1)A license issued pursuant to this chapter is not transferable.
(2)If a licensed operator seeks to change the ownership of its land-based gaming facility, both of the following apply:
(A)The license held by the licensed operator under this chapter shall be rendered void upon the date of any change of ownership in the land-based gaming facility.
(B)Prior to a change in ownership, the acquiring person shall apply to become a licensed operator, at which point the commission shall determine whether the person is legally qualified to be a licensed operator under this chapter.
(b)The department shall investigate to ensure that any person acquiring an interest in a licensee is suitable, and otherwise financially, technically, and legally qualified to be a licensee pursuant to this chapter. If an acquiring person is found to be unsuitable to be a licensee, or otherwise not financially, technically, or legally qualified to be a licensee, the licensed operator or the acquiring person may challenge that determination.
19990.523.All facilities, software, including downloadable programs, and any other property, both tangible and intangible, used by the licensed operator in offering authorized Internet poker games for play on an authorized poker Web site shall be the property of the licensed operator or its licensed service providers, and shall be subject to the review of the department and the approval of the commission.
19990.524.If any dispute arises between the state and a licensee, either the commission or a licensee may file an action in the superior court of any county in which the commission has an office for an interpretation of the rights and responsibilities of the state and the licensee pursuant to this chapter.
19990.525.(a)(1)The department or commission may contract with other public or private entities, including, but not limited to, state, tribal, and international regulatory agencies, for the provision of services related to a responsibility imposed on the department or commission by this chapter if all of the following are satisfied:
(A)The contract will assist with the provision of efficient, effective, and robust regulation of intrastate Internet poker.
(B)The contract provides access to expertise that has been tested and proven in the poker industry.
(C)The department or commission retains administrative control and responsibility for ensuring compliance with this chapter.
(2)In order to expedite the implementation of intrastate Internet poker, a contract entered into pursuant to paragraph (1) is not subject to the Public Contracts Code, or otherwise applicable contracting provisions of the Government Code.
(b)A state agency with a duty pursuant to this chapter may enter into agreements to share information with other regulatory and law enforcement agencies to assist in performing the state agencys duty.
19990.526.(a)Until January 1, 2019, a licensed service provider shall not, for any purpose, use any list of customers or database containing customer information that was accrued or created prior to the effective date of the regulations described in subdivision (a) of Section 19990.401.
(b)Pursuant to subdivision (b) of Section 19990.303, a violation of subdivision (a) is a felony, punishable pursuant to subdivision (h) of Section 1170 of the Penal Code.
6.Employee Work Permits19990.601.(a)Except as provided in Section 19990.602, a licensee shall submit an application and applicable fees to the department and apply to the commission for an employee work permit on behalf of each employee.
(b)Prior to initiating operations and thereafter, a licensee shall ensure that every employee has been issued an employee work permit by the commission prior to that person having access to the licensees facilities. The permit shall be renewed every two years.
(c)The commission shall issue an employee work permit only if, based on all of the information and documents submitted, the commission is satisfied that the applicant is, at a minimum, all of the following:
(1)A person of good character, honesty, and integrity.
(2)A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the integrity of a gaming operation or public interest of this state, or to the effective regulation and control of controlled gambling, as defined in Section 19805, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of controlled gambling or in the carrying on of incidental business and financial arrangements.
(3)A person who is in all other respects qualified to hold an employee work permit as provided in this chapter.
(d)The commission shall not issue an employee work permit unless the applicant meets the qualification standards adopted by the commission by regulation. A tribal gaming regulatory authority may impose additional qualifications with respect to activities on Indian lands.
19990.602.(a)A tribe that is a licensed operator, or that owns a tribal enterprise that is a licensed operator, may elect to participate in the tribal gaming regulatory authority process prescribed by this section for the issuance of employee work permits. If the tribe does not elect to participate in the tribal gaming regulatory authority process as provided in this section, then the process specified in this section regarding submission and action by the tribal gaming regulatory authority on the application for employee work permit shall not apply, and the other provisions of this chapter shall instead govern.
(b)The joint state and tribal processes required pursuant to this section are intended to promote and involve joint cooperation among the tribal gaming regulatory authority, the commission, and the department.
(c)The tribal employee work permit process shall be as follows:
(1)All applications for employee work permits first shall be filed with the tribal gaming regulatory authority, which shall promptly file a copy of the application with the commission, together with information regarding the filing date and the payment of fees and deposits. The application shall be accompanied by the fees required in Section 19990.605, except those fees shall be deposited into a tribal account created for the purpose of holding the deposited funds and using them for the costs of the suitability review and the issuance of the license.
(2)In reviewing an application for a work permit, the tribal gaming regulatory authority shall determine whether issuance of the employee work permit would meet the suitability standards set forth in this chapter. The tribal gaming regulatory authority shall not issue a permit unless, based on all information and documents submitted, the tribal gaming regulatory authority determines that the applicant meets all of the criteria set forth in this chapter for the issuance of the employee work permit.
(3)The tribal gaming regulatory authority shall conduct, or cause to be conducted, all necessary determinations of suitability reasonably required to determine that the applicant is qualified for an employee work permit under the standards set forth in this chapter for the issuance of the employee work permit.
(4)In lieu of completing its own determination of suitability, and to the extent that doing so does not conflict with or violate this chapter, the tribal gaming regulatory authority may contract with the department for the conduct of determinations of suitability, may rely on a state certification of nonobjection previously issued under a gaming compact involving another tribe, or may rely on a state gaming license previously issued to the applicant, to fulfill some or all of the tribal gaming regulatory authoritys determination of suitability obligation. An applicant for a tribal employee work permit shall provide releases to make background information regarding the applicant available to the tribal gaming regulatory authority, the department, and the commission.
(5)Upon completion of the necessary determination of suitability, the tribal gaming regulatory authority may issue a finding that the person or entity is eligible for an employee work permit on a conditional or unconditional basis. This section does not create a property or other right of an applicant in an opportunity to be permitted, or in a permit itself, both of which shall be considered privileges granted to the applicant in the sole discretion of the tribal gaming regulatory authority.
(6)Upon receipt of a completed license application and a determination by the tribal gaming regulatory authority that the applicant is eligible and suitable for the employee work permit, the tribal gaming regulatory authority shall transmit to the commission a notice of intent to issue a permit to the applicant. The tribal gaming regulatory authority shall not issue an employee work permit until the process required by paragraph (7) is complete.
(7)After receipt of the tribal gaming regulatory authoritys notice pursuant to paragraph (6), and upon completion of the necessary determination of suitability, the commission shall issue a notice to the tribal gaming regulatory authority stating its finding that the applicant is suitable or is not suitable for the requested permit. The commission may charge an additional application processing fee pursuant to Section 19990.605 to cover the reasonable costs of conducting its verification of suitability.
(A)If the commission notices a finding that the applicant is suitable, the tribal gaming regulatory agency shall issue an employee work permit to the applicant. The permit shall be effective pursuant to this chapter as though issued by the commission.
(B)If the commission notices a finding that the applicant is not suitable, the tribal gaming regulatory authority shall not issue the requested permit. Prior to denying an application for a determination of suitability, the commission shall notify the tribal gaming regulatory authority and afford the tribe an opportunity to be heard. If the commission denies an application for a determination of suitability, the commission shall provide the applicant with written notice of all appeal rights available under state law.
(C)Upon receipt of notice that the commission or department, collectively or individually, or the tribal gaming regulatory authority has determined that a person would be unsuitable in a similar application filed in connection with a nontribal operation, the tribal gaming regulatory authority shall not issue the requested permit or, if that notice is received after issuance of the permit, promptly revoke that permit. However, the tribal gaming regulatory authority may, in its discretion, reissue a permit to the person following entry of a final judgment reversing the determination of the commission and department in a proceeding in state court conducted pursuant to Section 1085 of the Code of Civil Procedure.
(8)A tribal permit application submitted pursuant to this section may be denied, and any permit issued may be revoked, if the tribal gaming regulatory authority determines that the application is incomplete or deficient, or if the applicant is determined to be unsuitable or otherwise unqualified for a permit. Pending consideration of revocation, the tribal gaming regulatory authority may suspend a permit. All rights to notice and hearing shall be governed by the rules of the tribal gaming regulatory authority, which shall meet minimum requirements to be developed among the tribes, the commission, and the department, and as to which the applicant shall be notified in writing, along with notice of an intent to suspend or revoke the permit.
(9)The tribal gaming regulatory authority may summarily suspend an employee work permit issued pursuant to this section if the tribal gaming regulatory authority determines that the continued permitting of the person or entity could constitute a threat to the public health or safety or may violate this chapter.
(d)The commission and tribal gaming regulatory authorities conducting suitability reviews pursuant to this section shall cooperate in sharing as much background information as possible in order to maximize investigative efficiency and thoroughness, to minimize investigative costs, and to expedite the permitting process.
(e)The commission and the tribes that have elected to conduct suitability reviews pursuant to this section shall cooperate in developing standard forms for tribal gaming employee work permit applicants, on a statewide basis, that reduce or eliminate duplicative or excessive paperwork, and that take into account the requirements of this chapter and the expense of compliance with those requirements.
19990.603.An applicant for an employee work permit is disqualified if the applicant is described by any of the following:
(a)The applicant failed to clearly establish eligibility and qualifications in accordance with this chapter.
(b)The applicant failed to timely provide information, documentation, and assurances required by this chapter or requested by any state official, or, with respect to a licensed applicant, failed to reveal any fact material to qualification, or supplied information that is untrue or misleading as to a material fact pertaining to the suitability criteria.
(c)The applicant has been convicted of a felony, including a conviction by a federal court or a court in another state or foreign jurisdiction for a crime that would constitute a felony if committed in California, except that a conviction of a felony involving the hunting or fishing rights of a tribal member while on his or her reservation shall not be included among the class of disqualifying felonies.
(d)The applicant has been convicted of a misdemeanor in a jurisdiction involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code. However, the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the department or affect the applicants burden.
(e)The applicant has associated with criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(f)The applicant has contemptuously defied a legislative investigative body, or other official investigative body of a state or of the United States or a foreign jurisdiction, when that body is engaged in the investigation of crimes relating to poker, official corruption related to poker activities, or criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(g)The applicant is less than 21 years of age.
(h)The applicant has been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity.
(h)The applicant was a member of the board of directors or the ultimate parent company of, the chief executive officer of, or a shareholder holding more than 10 percent of the shares of, an entity, or its corporate or marketing affiliate, and was directly involved in an executive decision making capacity that led the entity, or its affiliate, to facilitate a wager or financial transaction relating to Internet gambling in the United States, unless any of the following applies:
(1)The entity, or its affiliate, was licensed or authorized to engage in the activity pursuant to this chapter or comparable federal or state law in the jurisdiction where the facilitation of the wager or financial transaction occurred.
(2)The facilitation of the wager or financial transaction was not knowing or intentional.
(3)The facilitation of the wager or financial transaction occurred within a reasonable time period in order to cease those activities in the United States.
19990.604.(a)If a licensed operator has any owners, officers, or directors who are not employees, it shall ensure that each of those persons obtains an employee work permit before having any role or decisionmaking authority regarding the licensed operators gaming operations.
(b)If the licensed operator is a tribal enterprise controlled by an independent board of directors, the officers, directors, and employees of that tribal enterprise are subject to suitability review pursuant to this section. This section does not require that an officer, director, employee, or member of the tribe that owns the tribal enterprise be subject to suitability review if that individual is not also an officer, director, employee, or member of the tribal enterprise or a person who controls the core functions of the tribal enterprise.
19990.605.The commission, the department, and, if applicable, the tribal gaming regulatory authority, shall establish application processing fees to be paid by a licensee for the reasonable cost of determinations of suitability for, and issuance of, employee work permit applications. The commission shall establish processes for the revocation or suspension of an employee work permit, and to withdraw an application for an employee work permit.
19990.606.A licensed operator or service provider shall not enter into, without prior approval of the commission, a contract or agreement with either of the following:
(a)A person who is denied a gambling license or employee work permit pursuant to Chapter 5 (commencing with Section 19800), or whose gambling license or employee work permit is suspended or revoked.
(b)Any business enterprise under the control of a person described in subdivision (a), after the date of receipt of notice of the action.
19990.607.(a)(1)A licensed operator or service provider shall not employ, without prior approval of the commission, a person in any capacity for which he or she is required to have an employee work permit, if the person has been denied a gambling license or an employee work permit pursuant to Chapter 5 (commencing with Section 19800), or if his or her gambling license or employee work permit has been suspended or revoked after the date of receipt of notice of the action by the commission or tribal gaming regulatory authority.
(2)A licensed operator or service provider shall not enter into a contract or agreement with a person whose application for a gambling license or an employee work permit has been withdrawn with prejudice, or with a business enterprise under the control of that person, for the period of time during which the person is prohibited from filing a new application for a gambling license or an employee work permit.
(b)(1)If an employee who is required to hold an employee work permit pursuant to this chapter is denied an employee work permit, or has his or her employee work permit revoked, the employee shall be terminated immediately in all capacities. Upon notifying the licensee of the denial or revocation, the employee shall have no further involvement in the gambling operation.
(2)If an employee who is required to hold an employee work permit pursuant to this chapter has his or her employee work permit suspended, the employee shall be suspended in all capacities. Upon notifying the licensee of the suspension, the employee shall not be permitted to have any involvement in the gambling operation during the period of suspension.
(3)A licensed operator or service provider shall not designate another employee to replace the employee whose employment was terminated or suspended, unless the other employee has an existing work permit.
(c)A licensed operator or service provider shall not pay to a person whose employment has been terminated or suspended as described in subdivision (b) any remuneration for any service performed in any capacity in which the person is required to hold an employee work permit, except for amounts due for services rendered before the date of receipt of the notice.
(d)Except as provided in subdivision (b), a contract or agreement for the provision of services or property to a licensed operator or service provider or for the conduct of any activity pertaining to the operation of an authorized poker Web site, that is to be performed by a person required by this chapter, or by regulation, to hold an employee work permit, shall be terminated upon a suspension or revocation of the persons employee work permit.
(e)If a contract or agreement for the provision of services or property to a licensed operator or service provider, or for the conduct of any activity at an authorized poker Web site, is to be performed by a person required by this chapter or by regulations adopted pursuant to this chapter, to hold an employee work permit, the contract or agreement shall be deemed to include a provision for its termination without liability on the part of the licensed operator or service provider upon a suspension or revocation of the persons employee work permit. In any action brought by the commission to terminate a contract or agreement pursuant to subdivision (d) or this subdivision, it is not a defense that the contract or agreement does not expressly include the provision described in this subdivision, and the lack of express inclusion of the provision in the contract or agreement is not a basis for enforcement of the contract or agreement by a party to the contract or agreement.
7.Protection of Registered Players19990.701.A licensed operator shall use its best efforts to protect registered players. Subject to the approval of the department, and consistent with uniform standards established by the department by regulation, each licensed operator shall establish administrative procedures to resolve registered player complaints.
19990.702.(a)If a registered player has a complaint against a licensed operator, the exclusive remedy shall be to register the complaint with the department.
(b)The department shall establish regulations with respect to registered player disputes and complaints.
(c)Under the regulations, the department shall do all of the following:
(1)Investigate registered player complaints to determine if a licensed operator has failed to meet its obligations to a registered player.
(2)Attempt to resolve complaints by registered players if a licensed operator fails to meet an obligation to a registered player.
(3)Initiate enforcement actions to require specific performance of any obligation that the department has determined a licensed operator has failed to fulfill with respect to a registered player.
(d)A licensed operator may appeal any action by the department pursuant to this article to the superior court, which shall review the appeal de novo.
8.Financial Provisions for State Regulation and Unlawful Gambling Enforcement19990.801.The Treasurer shall transfer all amounts received pursuant to subdivision (a) of Section 19990.402, subdivision (e) of Section 19990.403, subdivision (b) of Section 19990.404, subdivision (c) of Section 19990.519, and Section 19990.605 to the Controller for deposit in the Internet Poker Fund, which is created in the State Treasury, to be administered by the department. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the department and the commission, without regard to fiscal years, in the amounts necessary for the department and the commission to perform their duties under this chapter.
19990.802.(a)The Unlawful Gambling Enforcement Fund is hereby established within the General Fund for purposes of ensuring adequate resources for law enforcement charged with enforcing the prohibitions and protections of this chapter. The Unlawful Gambling Enforcement Fund shall be funded by depositing:
(1)____ percent of the revenue from the civil penalties recovered by law enforcement authorities pursuant to Section 19990.803 into the fund prior to the distribution required under subdivision (c) of Section 19990.803.
(2)All amounts or property recovered pursuant to Section 19990.804.
(3)____ percent of the duties paid by licensed operators pursuant to subdivision (b) of Section 19990.519, after any distribution required by Section 19619.8.
(4)The revenue from the civil penalties recovered pursuant to subdivision (f) of Section 19990.501.
(b)Up to ____ million dollars ($____) in the fund may be expended annually by the Attorney General, upon appropriation by the Legislature, for the purposes of this chapter.
19990.803.(a)Except as provided in subdivision (f) of Section 19990.501, a person who engages or conspires to engage in activities prohibited by this chapter, or in connection with the use of an Internet access device, activities prohibited by Section 321, 322, 323, 324, 326, 330, 330a, 330b, 330c, 330.1, 330.4, or 331 of the Penal Code, is liable for a civil penalty not to exceed ____ dollars ($____) for each violation, in addition to any other penalty or remedy that may be imposed by law, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, a county counsel authorized by agreement with the district attorney in an action involving the violation of a county ordinance, the city attorney of a city having a population in excess of 750,000 persons, the city attorney of a city and county, or, with the consent of the district attorney, the city prosecutor in a city with a full-time city prosecutor, in a court of competent jurisdiction.
(b)In determining the amount of the civil penalty described in subdivision (a), the court shall consider any relevant circumstance presented by a party to the case, including, but not limited to, any of the following:
(1)The nature and seriousness of the misconduct.
(2)The number of violations.
(3)The persistence of the misconduct.
(4)The length of time over which the misconduct occurred.
(5)The willfulness of the defendants misconduct.
(6)The defendants assets, liabilities, and net worth.
(c)(1)Subject to paragraph (1) of subdivision (a) of Section 19990.802, civil penalties recovered by law enforcement authorities pursuant to this section shall be allocated as follows:
(A)If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered for deposit into that countys general fund, and one-half to the Treasurer for deposit into the Unlawful Gambling Enforcement Fund.
(B)If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered for deposit into that countys general fund.
(C)If the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered for deposit into that citys general fund, and one-half to the treasurer of the county in which judgment was entered for deposit into that countys general fund. If the action is brought by the city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered.
(2)The revenue from all civil penalties allocated to the Unlawful Gambling Enforcement Fund pursuant to subparagraph (A) of paragraph (1), upon appropriation by the Legislature, shall be used by the Attorney General exclusively to support the investigation and enforcement of violations of Californias gambling laws, including the implementation of judgments obtained from prosecution and investigation of those violations and violations of, in connection with the use of an Internet access device, Sections 321, 322, 323, 324, 326, 330, 330a, 330b, 330c, 330.1, 330.4, and 331 of the Penal Code, and other activities that are in furtherance of this chapter.
(3)The revenue from all civil penalties allocated to the treasurer of the county, city, or city and county in which the judgment was entered pursuant to subparagraphs (A), (B), and (C) of paragraph (1) shall be for the exclusive use of the district attorney, the county counsel, the city attorney, or the city prosecutor, whichever is applicable, for the enforcement of this chapter and existing laws prohibiting illegal gambling activity.
19990.804.(a)Any money, other representative of value, or real or personal property used in, or derived from, the play of a game provided on the Internet that is not authorized by the state pursuant to this chapter is subject to seizure by the department or by a peace officer.
(b)Upon a finding by a court that the money, other representative of value, or real or personal property was used in, or derived from, the play of a game provided on the Internet that is not authorized by the state pursuant to this chapter, that money or property shall be forfeited to the Unlawful Gambling Enforcement Fund established in Section 19990.802.
9.Preemption of Local Regulation19990.901.A city, county, or city and county shall not regulate, tax, or enter into a contract with respect to any matter related to this chapter. This section does not prohibit or limit the investigation and prosecution of any violation of this chapter.
10.Reports to the Legislature19990.1001.Notwithstanding Section 10231.5 of the Government Code, within one year of the operative date of this chapter, and annually thereafter, the commission, in consultation with the department, the Treasurer, and the Franchise Tax Board, shall issue a report to the Legislature describing the states efforts to meet the policy goals articulated in this chapter. The report shall be submitted in compliance with Section 9795 of the Government Code.
19990.1002.(a)At least four years after the issue date of any license pursuant to this chapter, but no later than five years after that date, the Bureau of State Audits shall issue a report to the Legislature detailing the implementation of this chapter.
(b)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
11.Partial Severability and Repeal of Chapter19990.1101.(a)Except as provided in subdivision (b), the provisions of this chapter are severable. If any provision of this chapter, other than those listed in subdivision (b), or its application, is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(b)(1)The following provisions of this chapter are not severable:
(A)Establishing poker as the only permissible Internet gambling game.
(B)Prohibiting persons or entities who have been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity, from being licensed under this chapter.
(C)Limiting the entities that are eligible for an operator license.
(2)If any of the provisions identified in paragraph (1), or application of those provisions to any person or circumstances, is held invalid, the entire chapter shall be invalid.
19990.1102.This chapter shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.
SEC. 3.The Legislature finds and declares that Chapter 5.2 (commencing with Section 19990.101) of Division 8 of the Business and Professions Code, as added by Section 1 of this act, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The limitations on the peoples right of access set forth in this act are necessary to protect the privacy and integrity of information submitted by registered players as well as the proprietary information of the license applicants and licensees.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 5.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the interests of Californians who play online gambling games and to ensure that people play fair games, that the state realizes the revenues, and that suitable persons operate authorized poker Web sites, it is necessary that this act take effect immediately.
The first sixty million dollars ($60,000,000) collected each fiscal year pursuant to subdivisions (a) and (b) of Section 19990.519 shall be deposited as follows:
(a)Ninety-five percent in the California Horse Racing Internet Poker Account, which is hereby created in the General Fund. Notwithstanding Section 13340 of the Government Code, the funds in the California Horse Racing Internet Poker Account are continuously appropriated to the board, which shall annually distribute the funds in the California Horse Racing Internet Poker Account according to all of the following:
(1)One and three-twentieths percent to the defined contribution retirement plan for California-licensed jockeys established pursuant to paragraph (1) of subdivision (i) of Section 19604 and administered as specified in this chapter.
(2)One and three-twentieths percent to provide health and welfare benefits for California-licensed jockeys, former California-licensed jockeys, and their dependents pursuant to Section 19612.9.
(3)Two and three-tenths percent to supplement the pension plan for pari-mutuel employees administered on behalf of the labor organization that has historically represented the employees who accept or process any form of wagering at the horse racing meetings and for other entities licensed to conduct wagering on horse races in California. Moneys distributed pursuant to this paragraph shall supplement, and not supplant, moneys distributed to that fund pursuant to this chapter or any other law.
(4)Ninety-five and four-tenths percent to racing associations or fairs as commissions, to horsemen participating in the racing meeting in the form of purses, and as incentive awards, in the same relative proportion as they were generated or earned at each racing association or fair on races conducted or imported by that racing association or fair during the prior calendar year. Notwithstanding any other law, the distributions with respect to each breed of racing may be altered upon the approval of the board, in accordance with an agreement signed by the respective associations, fairs, horsemens organizations, and breeders organizations receiving those distributions.
(b)Five percent to the State Treasury to the credit of the Fair and Exposition Fund, to be deposited in the separate account in the fund specified in Section 19606.1 to benefit state designated fairs as defined in Sections 19418, 19418.1, 19418.2, and 19418.3. Revenues deposited into the separate account in the fund pursuant to this section, notwithstanding Section 19606.1 or any other law to the contrary, shall be allocated only to fairs in Class I to IV+, inclusive, as classified by the department pursuant to Section 4507 of the Food and Agricultural Code.
SEC. 2.Chapter 5.2 (commencing with Section 19990.101) is added to Division 8 of the Business and Professions Code, to read:5.2.The Internet Poker Consumer Protection Act of 20161.Title and Legislative Declarations19990.101.This chapter shall be known and may be cited as the Internet Poker Consumer Protection Act of 2016.
19990.102.The Legislature hereby finds and declares all of the following:
(a)In October 2006, the United States Congress passed the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) (31 U.S.C. Secs. 5361 et seq.), which generally prohibits the use of banking instruments, including credit cards, checks, and fund transfers, for interstate Internet gambling.
(b)UIGEA essentially prohibits online gambling by United States citizens, but includes exceptions that permit individual states to create a regulatory framework to enable intrastate Internet gambling, if the bets or wagers are made exclusively within a single state under certain circumstances.
2.Definitions19990.201.For the purposes of this chapter, the following words have the following meanings:
(a)Authorized Internet poker game means any of several card games, duly authorized by the department and played on an authorized poker Web site, that meet the definition of poker as specified by this section.
(b)Authorized poker Web site means a Web site on which authorized Internet poker games are offered for play by a licensed operator pursuant to this chapter.
(c)Background investigation means a process of reviewing and compiling personal and criminal history and financial information through inquiries of various law enforcement and public sources to establish a persons qualifications and suitability for any necessary license or employee work permit issued pursuant to this chapter.
(d)Bet means the placement of a wager in a game.
(e)Card room means a gambling enterprise, as defined in subdivision (m) of Section 19805.
(f)Commission means the California Gambling Control Commission.
(g)Core functions and core functioning mean any of the following:
(1)The management, administration, or control of bets on authorized Internet poker games.
(2)The management, administration, or control of the games with which those bets are associated.
(3)The development, maintenance, provision, or operation of a gaming system.
(h)Corporate affiliate means any person controlled by, controlling, or under common ownership with, another person or entity. A person or entity will be deemed to control another person or entity if it possesses, directly or indirectly, the power to direct the management or policies of the other entity, whether through ownership of voting interests or otherwise, or if, regardless of whether or not it has that power, it holds 10 percent or more of the ownership or control of the other entity, whether as a stockholder, partner, member, trust interest, or otherwise.
(i)Department means the Department of Justice.
(j)Determination of suitability or suitability review means the process, including, but not limited to, conducting a background investigation, to determine whether an applicant for a license or employee work permit issued pursuant to this chapter meets the qualification criteria described in this chapter or whether the applicant is disqualified on any of the grounds specified in this chapter.
(k)(1)(A)Eligible entity includes both of the following:
(i)A card room that operates pursuant to Chapter 5 (commencing with Section 19800) whose owner or owners have been authorized, subject to oversight by, and in good standing with, the applicable state regulatory authorities.
(ii)A federally recognized California Indian tribe that operates a gaming facility pursuant to a facility license issued in accordance with a tribal gaming ordinance approved by the Chair of the National Indian Gaming Commission and that is eligible to conduct real-money poker at that facility.
(B)An entity identified in this paragraph shall have operated its land-based gaming facility for at least five years immediately preceding its application to secure a license to operate an Internet poker Web site pursuant to this chapter, and shall be in good standing during that time period with the applicable federal, state, and tribal regulatory authorities.
(2)A group consisting of any combination of tribes and card rooms is eligible to jointly apply for a license pursuant to this chapter, through an entity organized under state or federal law, if each entity within the group independently satisfies the requisite eligibility requirements identified in this chapter.
(3)Subject to any applicable limited waiver of sovereign immunity as set forth in subdivision (d) of Section 19990.402, this chapter does not restrict a tribal licensee from participating as an instrumentality of a tribal government or a political subdivision of a tribe, or from forming a separate business entity organized under federal, state, or tribal law.
(4)A tribe that operates a gaming facility that accepts bets from players within this state but who are not physically present on Indian lands when making those bets is not an eligible entity, unless those bets are accepted on authorized Internet poker games played on an authorized poker Web site.
(l)Employee means any natural person employed in, or serving as a consultant or independent contractor with respect to, the core functioning of the actual operation of an authorized poker Web site.
(m)Employee work permit means a permit issued to an employee of the licensed operator or a service provider, or to a nonemployee owner, officer, or director of a licensed operator, by the commission pursuant to this chapter.
(n)Gambling means to deal, operate, carry on, conduct, maintain, or expose for play any game for money.
(o)Game means any gambling game.
(p)Gaming system means the technology, including hardware and software, used by a licensee to facilitate the offering of authorized Internet poker games to registered players.
(q)Good standing means that a person has not had a gambling license suspended or revoked by a final decision of the commission or been finally ordered by a court of competent jurisdiction to cease conducting gaming activities.
(r)(1)Gross gaming revenues means the total amount of moneys paid by players to the operator to participate in authorized games before deducting the cost of operating those activities except for fees to marketing affiliates and payment processing fees.
(2)Gross gaming revenues do not include player account deposits or amounts bet, except to the extent any portion of those bets are retained as fees by the operator, discounts on goods or services, rebates or promotional discounts or stakes provided to players, or revenues from nongaming sources, such as from food, beverages, souvenirs, advertising, clothing, and other nongaming sources.
(s)IGRA means the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.).
(t)Initial operator license means an operator license that is issued pursuant to subdivision (h) of Section 19990.402.
(u)Internet access device means a personal computer or mobile communications device used for connecting to the Internet.
(v)Internet Poker Fund means the fund established pursuant to Section 19990.801.
(w)Intrastate means within the borders and jurisdiction of California.
(x)Key employee means any natural person employed by a licensed operator, service provider, or marketing affiliate, or by a holding or intermediary company of a licensed operator, service provider, or marketing affiliate, who is an officer or director of the licensed operator or service provider, or who, in the judgment of the commission, has the authority to exercise significant influence over decisions concerning the operation of the licensed operator or service provider as that operation relates to the Internet poker authorized by this chapter.
(y)Land-based gaming facility means a gambling establishment, as defined in subdivision (o) of Section 19805, that is operated pursuant to Chapter 5 (commencing with Section 19800), or a casino operated by a tribe on Indian land in California.
(z)Licensed operator means an eligible entity licensed pursuant to this chapter to offer the play of authorized Internet poker games to registered players on an authorized poker Web site.
(aa)Licensed service provider means a person licensed pursuant to this chapter to provide goods or services to a licensed operator for use in the operation of an authorized poker Web site.
(ab)Licensee means a licensed operator or licensed service provider.
(ac)Net position means the residual difference between assets and liabilities, as defined by generally accepted accounting principles.
(ad)Online self-exclusion form means a form on which an individual notifies a licensed operator that he or she must be excluded from participation in authorized Internet poker games for a stated period of time.
(ae)Owner means any person that is eligible to own a land-based gaming facility in California and that has a financial interest in, or control of, a person or entity required to be found suitable under this chapter, including shareholders, partners, and members of limited liability companies holding more than 10 percent of the equity or voting control of the person or entity and any person found by the commission to be exerting management or control of the person or entity in fact. An owner of a licensed operator shall include only those persons eligible to own a land-based gaming facility in California. Owner does not include the members or government officials of a tribe.
(af)Per hand charge means the amount charged by the licensed operator for registered players to play in a per hand game.
(ag)Per hand game means an authorized Internet poker game for which the licensed operator charges the player for each hand played.
(ah)Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity, including any federally recognized California Indian tribe, or an entity that is wholly owned by the tribe.
(ai)Play-for-fun game means a version of a lawfully played gambling game in which there is no requirement to pay to play or any possibility of winning any prize or other consideration of value, including, but not limited to, games offered only for purposes of training, education, marketing, or amusement.
(aj)Play-for-free game means a version of a lawfully played gambling game that may include prizes or pots, without requiring a fee or other consideration for the right to play.
(ak)Play settings means the options and default parameters made available by a licensed operator to a registered player in the play of authorized Internet poker games.
(al)(1)Poker means any of several nonbanked card games commonly referred to as poker that meet all of the following criteria:
(A)Played by two or more individuals who bet and play against each player and not against the house on cards dealt to each player out of a common deck of cards for each round of play, including those games played over the Internet using electronically generated and displayed virtual cards.
(B)The object of the game is to hold or draw to a hand containing a predetermined number of cards that, when all cards to be dealt in the round have been distributed and the betting is completed, meets or exceeds the value of the hands held by the other players. The pot of bets made is awarded to the player or players holding the combination of cards that qualify as the winning combination under the rules of play. Values may be assigned to cards or combinations of cards in various ways, including in accordance with their face value, the combinations of cards held, such as cards of a similar suit or face value, the order of the cards that are held, or other values announced before the round.
(C)The house may deal or operate and officiate the game, and may collect a fee for doing so, but is not a participant in the game itself. The house has no stake in who wins or loses.
(D)Poker may be played in a variety of ways, including dealing all cards to the players so that they may not be seen by others, dealing the cards open face to the players, dealing through a combination of both, or creating a common set of cards that may be used by all players. The particular rules and winning combinations are made known to the players before each round is dealt.
(E)All bets are placed in a common pot. At one or more predetermined points during the game a player may resign, challenge other players to make additional bets into the pot, or demand that players reveal their hand so a winner can be determined.
(F)A poker game that has been approved by the commission for play in an authorized live poker room in California pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800)) shall be eligible for qualification by the commission as the basis of an authorized Internet poker gambling game, except that pai gow and any other game in which persons other than authorized players to whom the cards in the game have been dealt, and by whom they are held and played, are permitted to bet on a game outcome or other game feature or may in any way control or influence the play of the hand, shall not be authorized, offered, or played in connection with an authorized Internet poker game. Subject to this limitation, the rules governing play in an authorized Internet poker game pursuant to this chapter shall generally be the same as if the game were lawfully played in a live poker room.
(G)An authorized Internet poker game shall not include a player-dealer position.
(H)Video games, slot machines, and other similar devices that individuals play against the house or device and win based on valuations or combinations of cards that are similar to those valuations or combinations used in live, interactive poker games, commonly known as video poker and video lottery, are not poker and are not permitted under this chapter.
(2)Other characteristics defining poker pursuant to this chapter include any of the following:
(A)Live players with equal chances of winning competing against each other over the Internet in real time and not against the house or any device.
(B)Success over time may be influenced by the skill of the player.
(C)The bets of one player may affect the decisions of another player in the game, and the decisions of one player may affect the success or failure of another.
(3)The term poker includes poker tournaments in which players pay a fee to the operator of the tournament under tournament rules approved by the applicable gaming regulatory agency.
(am)Proprietary information means all information, including, but not limited to, computer programs, databases, data, algorithms, formulae, expertise, improvements, discoveries, concepts, inventions, developments, methods, designs, analyses, drawings, techniques, strategies, new products, reports, unpublished financial statements, budgets, projections, billing practices, pricing data, contacts, client and supplier lists, business and marketing records, working papers, files, systems, plans, and all related registrations and applications, that, whether or not patentable or registerable under patent, copyright, trademark, or similar statutes, meet either of the following:
(1)The information can be protected as a trade secret under California law or any other applicable state, federal, or foreign law.
(2)The information derives independent economic value, actual or potential, from not being generally known to the public or to other persons that can obtain economic value from its disclosure or use.
(an)Proxy player means a machine, device, or agent, other than the registered player, that is used to play an authorized Internet poker game.
(ao)Registered player means a player who has registered with a licensed operator to play authorized Internet poker games on the licensed operators authorized poker Web site.
(ap)Registration information means the information provided by a person to a licensed operator in order to become a registered player.
(aq)Robotic play means the use of a machine or software to automate the next player action at any point in a game, including the use of a proxy player.
(ar)(1)Service provider means any person, other than an employee, that does any of the following:
(A)On behalf of a licensed operator, manages, administers, or controls bets on authorized Internet poker games provided over the Internet by a licensee pursuant to this chapter.
(B)On behalf of a licensed operator, manages, administers, or controls the games with which the bets described in subparagraph (A) are associated.
(C)On behalf of a licensed operator, develops, maintains, provides, or operates a gaming system.
(D)Sells, licenses, or otherwise receives compensation for selling or licensing, information on individuals in California who made bets on games over the Internet that were not authorized pursuant to this chapter.
(E)Provides any product, service, financing, or asset to a licensed operator and is paid a percentage of gaming revenue by the licensed operator, not including fees to financial institutions and payment providers for facilitating a deposit by a customer.
(F)Provides intellectual property, including trademarks, trade names, service marks, or similar intellectual property under which a licensed operator identifies its games to its customers.
(G)Receives compensation as part of an affiliate marketing program from bringing players or potential players to a licensed operators authorized poker Web site.
(2)Service provider does not include a provider of goods or services that provides similar goods or services to the public for purposes other than the operation of an authorized poker Web site, including, but not limited to, payment processors and geolocation service providers.
(as)State means the State of California.
(at)Terms of Use Registered Players Agreement means the agreement offered by a licensed operator and accepted by a registered player delineating, among other things, permissible and impermissible activities on an authorized poker Web site and the consequences of engaging in impermissible activities.
(au)Tournament means a competition approved by the commission in which registered players play a series of authorized Internet poker games to decide the winner.
(av)Tournament charge means the amount charged by the licensed operator for registered players to play in a tournament.
(aw)Tournament winnings means the amount of any prize awarded to a registered player in a tournament.
(ax)Tribal gaming regulatory authority means the gaming regulatory authority of a federally recognized California Indian tribe that has the authority to regulate gaming on the tribes Indian lands pursuant to IGRA.
(ay)Tribe means a federally recognized California Indian tribe, including, but not limited to, the governing body of that tribe or any entity that is wholly owned by the tribe.
(az)Unlawful Gambling Enforcement Fund means the fund established pursuant to Section 19990.802, the revenue of which is dedicated to enforcing the prohibitions of this chapter.
3.Intrastate Internet Poker in California19990.301.Under the federal Unlawful Internet Gambling Enforcement Act of 2006, California is permitted to authorize games played via the Internet as long as all players and the online wagering is located within the jurisdiction of the state and the games are not played by minors.
19990.302.Notwithstanding any other law, a person who is 21 years of age or older and located within California is hereby permitted to participate as a registered player in an authorized Internet poker game provided by a licensed operator on an authorized poker Web site.
19990.303.(a)A person shall not do any of the following:
(1)Offer any game of poker on the Internet in this state unless that person holds a valid license issued by the commission to offer the play of authorized Internet poker games on an authorized poker Web site pursuant to this chapter.
(2)Offer to any player located within California any game provided on the Internet that is not authorized by the state pursuant to this chapter.
(3)As a player located in this state, play any game provided on the Internet that is not authorized by the state pursuant to this chapter.
(b)Subject to an opportunity to cure pursuant to Section 19990.521, a violation of this chapter is a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
19990.304.This chapter does not limit or restrict activities or conduct permitted pursuant to Chapter 5 (commencing with Section 19800) or IGRA.
19990.305.This chapter does not authorize any game offered in Nevada or New Jersey other than poker.
19990.306.A person shall not do either of the following:
(a)Aggregate computers or any other Internet access device in a place of public accommodation within the state, including a club or other association, or a public or other setting, that can accommodate multiple players to simultaneously play an authorized Internet poker game.
(b)Promote, facilitate, or market the activity described in subdivision (a).
19990.307.This chapter does not apply to play-for-fun or play-for-free games.
4.Licensing of Operators and Service Providers19990.401.(a)(1)Within 270 days after the effective date of this chapter, the commission, and any other state agency with a duty pursuant to this chapter, shall, in consultation with the department and tribes, adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this chapter, and to facilitate the operation of authorized poker Web sites and expedite the states receipt of revenues in compliance with this chapter. The initial adoption, amendment, or repeal of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the commission and those other state agencies are hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption, amendment, or repeal of an emergency regulation pursuant to this section, the commission and those other state agencies shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code, but shall promulgate permanent regulations in accordance with all applicable law.
(2)The regulations adopted by the commission shall at a minimum address all of the following:
(A)Underage gambling and problem gambling.
(B)Resolution of player disputes and complaints.
(C)Gaming system technical standards and practices.
(D)Hardware and software standards and compliance.
(E)License and work permit issuance and processes.
(F)Suitability standards and determinations.
(G)Temporary, provisional, and emergency approvals.
(H)Effect of receiverships, bankruptcy, insolvency, inheritance, and trusts affecting ownership of a licensee.
(I)Appeals from adverse decisions.
(3)The regulations adopted by the department shall at a minimum address all of the following:
(A)Approval of an authorized Internet poker game.
(B)Authorized Internet poker game rules.
(C)Authorized Internet poker gaming activities.
(D)Registered player-assessed fees, as necessary.
(b)(1)Each state agency with a duty pursuant to this chapter shall identify a point of contact at that agency and describe the responsibility of the contact with respect to the state agencys duty.
(2)Any notice provided by a licensee to a state agency pursuant to this chapter shall be addressed to the contact identified by the state agency pursuant to paragraph (1).
(3)Unless otherwise provided by this chapter, notice by a licensee to a state agency shall be deemed effective once it is received by the agency and deemed to be complete. An application or notice is not deemed complete until all pertinent documents, information, and fees are submitted to the department.
19990.402.(a)Authorized Internet poker games may be offered only by entities licensed pursuant to this chapter. An eligible entity seeking to offer authorized Internet poker games shall apply to the department for a determination of suitability. If the department determines the applicant is suitable to receive a license, the applicant shall then apply to the commission for an operator license. The applicant shall pay an application processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
(b)Employees of the licensed operator shall undergo a suitability review and obtain work permits pursuant to Article 6 (commencing with Section 19990.601). Owners, officers, and directors of licensed operators shall also undergo a suitability review and obtain employee work permits pursuant to Article 6 (commencing with Section 19990.601). The commission may refuse to issue a license to an applicant, or suspend or revoke a license of a licensed operator, that fails to comply with this requirement.
(c)In order to ensure that licensed operators are not mere facades for unlicensed, unqualified, or undisclosed interests, an applicant for an operator license pursuant to this chapter shall provide documentation to the commission establishing that, if the license is granted, the license applicant will be able, through its own net position or through credit extended directly to the applicant, and with full recourse to it, by a federal or state chartered financial institution not involved with the core functions of the authorized poker Web site, that is entirely secured by an equivalent amount of its own net position, to pay the license deposit required by subdivision (a) of Section 19990.519. In addition, a licensed operator shall submit regular financial reports to the department establishing that the operator meets financial viability requirements, as determined by the commission. The commission may terminate a license if the operator fails to submit the required reports or meet the financial viability requirements.
(d)An applicant for an operator license pursuant to this chapter that is a tribe shall include with its license application a limited waiver of the applicants sovereign immunity. This limited waiver shall apply exclusively to the state, and no other party, solely for the limited purpose of enforcing this chapter and any regulations adopted pursuant to this chapter, and with regard to any claim, sanction, or penalty arising therefrom against the licensed operator by the state, and for no other purpose.
(e)The commission shall issue an operator license to an applicant determined by the commission to qualify as an eligible entity within 150 days of receiving an application, if the applicant has already been subjected to a determination of suitability by the department and has been approved by the department to apply to the commission for licensure. All applicants shall undergo a determination of suitability prior to applying for an eligibility determination by the commission.
(f)The state may issue operator licenses only to eligible entities identified within this chapter. Any of the eligible entities may jointly apply for an operator license, either as a consortium or by forming an entity comprised entirely of eligible entities. Each eligible entity may have an interest in only a single operator license.
(g)An operator license denoting full licensure shall be issued for a term of seven years. Subject to the power of the commission to revoke, suspend, condition, or limit any license, as provided in this chapter, a license shall be automatically renewed every seven years thereafter upon application. Failure of a licensed operator to file an application for renewal may be deemed a surrender of the license.
(h)Each initial operator license issued pursuant to this section shall take effect on the same date. That date shall be one year after the effective date of the regulations described in Section 19990.401, unless the commission determines that good cause exists for those licenses to take effect in unison on a subsequent date. Each initial operator license shall be a temporary license, and shall be issued for a term of no longer than two years. The issuance of an initial operator license does not guarantee full licensure.
(i)A licensed operator may cease its operations after providing the department with a 90-day advance notice of its intent and a statement explaining its reasons for doing so, which may include the fact that continuing to operate the authorized poker Web site is commercially infeasible. In response to that notice, the state may file an action in the Superior Court of the County of Sacramento as it deems necessary to protect any state interests, including, but not limited to, the interests of registered players.
19990.403.(a)A licensees employees in direct contact with registered players shall be physically present in the state.
(b)All primary servers, facilities, bank accounts, and accounting records of the licensee related to authorized Internet poker shall be located in the state, except for redundant servers and except as may be permitted by the commission for a service provider, if the service provider ensures access to and jurisdiction over the relevant servers, facilities, bank accounts, and accounting records.
(c)Notwithstanding subdivisions (a) and (b), a licensee may request, and the department may approve, the licensees use of personnel, servers, facilities, bank accounts, and accounting records not physically present in the state when necessary to protect registered players and state interests, for the purposes of diagnosing and addressing technological problems, investigating fraud and collusion, and developing and supervising software and configuration changes.
(d)In addition to any other confidentiality protections afforded to license applicants, the state and its agencies shall treat the proprietary information of a license applicant as confidential to protect the license applicant and to protect the security of any prospective authorized poker Web site. This chapter does not prohibit the exchange of confidential information among state agencies considering a license application. The confidentiality provisions of this chapter exempt proprietary information supplied by a license applicant to a state agency from public disclosure consistent with subdivision (b) of Section 6253 of the Government Code.
(e)A license applicant shall submit to the department, together with its application, an application processing fee as specified in subdivision (a) of Section 19990.402. All moneys collected by the state pursuant to this subdivision shall be deposited into the Internet Poker Fund.
19990.404.(a)An entity seeking to act as a service provider shall apply to the department for a determination of suitability. If the department determines the applicant is suitable to receive a license, the applicant shall then apply to the commission for a service provider license, and obtain a service provider license, before providing goods or services to a licensed operator in connection with the operation of an authorized poker Web site.
(b)The department shall review the suitability of an applicant for a service provider license. The applicant for a service provider license shall pay an application processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
(c)The department may establish a process to conduct a preliminary determination of suitability based on a partial investigation. A partial investigation is intended to screen out applicants that do not meet the suitability requirements of this chapter. A partial investigation shall include fingerprint-based state and federal criminal history checks and clearances, and inquiries into various public databases regarding credit history and any civil litigation. A partial investigation shall also include a review of the service providers financial status, which shall include the submission of a report prepared by a forensic accounting, audit, or investigative firm approved by the department, in a format developed by the department, and at the service providers expense. The report shall include the financial information necessary for the department to make a preliminary determination of suitability. The department may specify additional requirements regarding the contents of the report and any other financial information or documentation required to be submitted. A full investigation shall be conducted of only those service providers that pass the partial investigation and that will undergo a full investigation pursuant to subdivision (d). Those service providers that are awarded a preliminary determination of suitability based on a partial investigation are not guaranteed full licensure. Those service providers that do not pass the partial investigation may appeal the decision to the commission.
(d)Before the commission issues a service provider license to an applicant, the department shall conduct the full investigation required by this section of all of the following persons:
(1)All officers of the license applicant.
(2)The owner or owners of either of the following:
(A)The license applicant.
(B)Any corporate affiliate of the license applicant.
(3)Any persons otherwise providing goods to, or performing services for, the license applicant related to core functions.
(4)Any person deemed by the department to have significant influence over the license applicant or its service providers or their respective operations.
(5)In the case of a tribe or a wholly owned tribal entity that is a service provider, the investigation shall be limited to the business officers of the tribal entity that will serve as the service provider.
(e)A full investigation shall include a review and evaluation of the service providers qualifications and experience to provide the services anticipated, which shall include the required submission of a report prepared on each service provider by an outside firm contracted and supervised by the department, in a format developed by the department, and at the service providers expense. The report shall include information necessary for the department to make a determination of suitability, as specified in regulations adopted pursuant to this chapter, consisting of, but not limited to, personal history, prior activities and associations, credit history, civil litigation, past and present financial affairs and standing, and business activities, including whether the applicant or an affiliate of the applicant has a financial interest in any business or organization that is or was engaged in any form of gaming or transactions related to gaming prohibited by the law of the federal or state jurisdiction in which those activities took place. The department may specify additional requirements regarding the contents of the report and other information or documentation required to be submitted.
(f)An institutional investor holding less than 10 percent of the equity securities of a service providers holding or intermediary companies shall be granted a waiver of a determination of suitability or other requirement if all of the following apply:
(1)The securities are those of a corporation, whether publicly traded or privately held.
(2)Holdings of those securities were purchased for investment purposes only.
(3)The institutional investor annually files a certified statement with the department to the effect that it has no intention of influencing or affecting the affairs of the issuer, the licensee, or service provider, as applicable, or its holding or intermediary companies.
(4)Notwithstanding paragraph (3), the institutional investor may vote on matters submitted to the vote of the outstanding security holders after the investor has been issued a license.
(5)The certification described in paragraph (3) shall do all of the following:
(A)Include a statement that the institutional investor beneficially owns the equity securities of the corporation for investment purposes only, and in the ordinary course of business as an institutional investor, and not for the purposes of causing, directly or indirectly, the election of members of the board of directors, or effecting a change in the corporate charter, bylaws, management, policies, or operations of the corporation of any of its affiliates.
(B)Indicate any changes to the structure or operations of the institutional investor that could affect its classification as an institutional investor, as that term is listed in paragraph (8).
(C)State that the institutional investor and corporation shall maintain gaming compliance policies and procedures to implement and ensure compliance with this chapter and regulations adopted pursuant to this chapter.
(6)An institutional investor granted a waiver under this subdivision that subsequently decides to influence or affect the affairs of the issuer shall provide not less than 30 days notice of that intent and shall file with the department a request for determination of suitability before taking an action that may influence or affect the affairs of the issuer. An institutional investor shall not vote prior to being issued a license. If an institutional investor changes its investment intent, or the department finds reasonable cause to believe that the institutional investor may be found unsuitable, the institutional investor shall take no action other than divestiture with respect to its security holdings until it has complied with any requirements established by the department, which may include the execution of a trust agreement. The institutional investor and its relevant holding, related, or subsidiary companies shall immediately notify the department and, if a tribal license is involved, the tribal gaming regulatory authority, of any information about, or actions of, an institutional investor holding its equity securities when that information or action may impact upon the eligibility of the institutional investor for a waiver pursuant to paragraph (2).
(7)If at any time the department finds that an institutional investor holding a security of a licensee under this chapter has failed to comply with the terms of this chapter, or if at any time the department finds that, by reason of the extent or nature of its holdings, whether of debt or equity securities, an institutional investor is in a position to exercise such a substantial impact upon the controlling interests of a licensee that investigation and determination of suitability of the institutional investor are necessary to protect the public interest, the department may take any necessary action otherwise authorized by this chapter to protect the public interest.
(8)For purposes of this subdivision, an institutional investor includes all of the following:
(A)A retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees.
(B)An investment company registered under the federal Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
(C)A collective investment trust organized by banks under Part 9 of the Rules of the Office of the Comptroller of the Currency (12 C.F.R. Sec. 9.1 et seq.).
(D)A closed-end investment trust.
(E)A chartered or licensed life insurance company or property and casualty insurance company.
(F)A federally or state-regulated bank, savings and loan, or other federally or state-regulated lending institution.
(G)An investment adviser registered under the federal Investment Advisers Act of 1940 (15 U.S.C. Sec. 80b-1 et seq.).
(g)An agreement between a licensed operator and a service provider that is a horse racing association operating pursuant to Chapter 4 (commencing with Section 19400) shall ensure that at least 50 percent of the gross gaming revenue that the licensed operator derives from the service provided by the service provider is paid to the service provider.
19990.405.(a)The department shall issue a finding that a license applicant is suitable to obtain a license only if, based on all of the information and documents submitted, the department is satisfied that each of the persons subject to a determination of suitability pursuant to this article is both of the following:
(1)A person of good character, honesty, and integrity, or, if an entity, in good standing in its jurisdiction of organization and in all other jurisdictions in which it is qualified, or should be qualified, to do business.
(2)A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest of the state, or to the effective regulation and control of authorized Internet poker games, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of authorized Internet poker games or in the carrying on of the business and financial arrangements incidental thereto.
(b)The department shall issue a finding that a license applicant is not suitable to obtain a license if it finds that a person subject to a determination of suitability pursuant to this article is described by any of the following:
(1)The person failed to clearly establish eligibility and qualifications in accordance with this chapter.
(2)The person failed to timely provide information, documentation, and assurances required by this chapter or requested by the department, or, with respect to a licensed applicant, failed to reveal any fact material to qualification, or supplied information that is untrue or misleading as to a material fact pertaining to the suitability criteria.
(3)The person has been convicted of a felony, including a conviction by a federal court or a court in another state or foreign jurisdiction for a crime that would constitute a felony if committed in California, except that a conviction of a felony involving the hunting or fishing rights of a tribal member while on his or her reservation shall not be included among the class of disqualifying felonies.
(4)The person has been convicted of a misdemeanor in a jurisdiction involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code. However, the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the department or affect the applicants burden.
(5)The person has associated with criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(6)The person has contemptuously defied a legislative investigative body, or other official investigative body of a state or of the United States or a foreign jurisdiction, when that body is engaged in the investigation of crimes relating to poker, official corruption related to poker activities, or criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(7)The person is less than 21 years of age.
(8)(A)The person has been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity.
(B)A licensee shall not enter into a contract or agreement with a person or entity described in subparagraph (A).
(C)The act that added this subparagraph shall not become operative until criteria are established by statute to address involvement in Internet betting prior to the states authorization of Internet poker pursuant to this chapter.
(c)License applications shall be treated as follows:
(1)The commission shall reject the license application of an applicant found to be ineligible for licensure.
(2)If denial of the application, or approval of the license with restrictions or conditions on the license, is recommended, the department shall prepare and file with the commission written reasons upon which the recommendation is based. Prior to filing its recommendation with the commission, the department shall meet with the applicant, or the applicants duly authorized representative, and inform the applicant generally of the basis for a proposed recommendation that the application be denied, restricted, or conditioned.
(3)This section does not require the department to divulge to the applicant confidential information received from a law enforcement agency or information received from a person with assurances that the information would be maintained confidential, nor to divulge any information that might reveal the identity of an informant or jeopardize the safety of a person.
(4)Denial of an application shall be without prejudice to a new and different application filed in accordance with any regulations adopted by the commission with respect to the submission of applications.
(5)An applicant may withdraw its application for a license at any time prior to final action on the application by the commission by filing a written request with the commission to withdraw the application, absent knowledge of a specific reason to suspect that the person or entity may be found unsuitable.
19990.406.(a)This chapter does not restrict the authority of a tribe that is a licensed operator or that owns a tribal enterprise that is a licensed operator to conduct suitability reviews of its service providers.
(b)This chapter also does not prohibit a tribal gaming regulatory authority from providing the results of its suitability investigations or determinations to the commission or department for its consideration in issuance of licenses pursuant to this chapter.
5.Requirements for the Operation of an Authorized Poker Web Site19990.501.(a)A licensed operator shall ensure that registered players are eligible to play authorized Internet poker games and implement appropriate data security standards to prevent access by a person whose age and location have not been verified in accordance with this chapter.
(b)A registered player shall be physically located within the State of California at the time of gambling.
(c)A registered player shall be at least 21 years of age.
(d)Each licensed operator shall do all of the following, whether directly or through the actions of its licensed service providers:
(1)Prior to registering a person as a registered player or permitting a person to play an authorized Internet poker game, the licensed operator shall verify that the person is 21 years of age or older.
(2)The licensed operator shall attempt to match the name, address, and date of birth provided by the person to information contained in records in a database of individuals who have been verified to be 21 years of age or older by reference to an appropriate database of government records.
(3)The licensed operator shall verify that the name and physical billing address on the check or credit card offered for payment by the person seeking to be a registered player matches the name and address listed in the database.
(4)If the licensed operator is unable to verify that the person is 21 years of age or older pursuant to paragraph (1), the licensed operator shall require the person to submit age-verification documents consisting of an attestation signed by the person that he or she is 21 years of age or older and a copy of a valid form of government identification. For the purposes of this section, a valid form of government identification includes a drivers license, state identification card, passport, official naturalization or immigration document, such as an alien registration receipt card or an immigrant visa, or United States military identification. The licensed operator shall verify that the physical billing address on the check or credit card provided by the person matches the address listed on his or her government identification.
(5)The licensed operator shall not permit registered players to make payments or withdrawals by money order or cash, except that a licensed operator may permit registered players to make payments or withdrawals by money order or cash in person at the land-based gaming facility operated by the licensed operator. The licensed operator shall submit information to each credit card company through which it makes credit card sales, in an appropriate form and format so that the words Internet poker or equivalent description is printed on the purchasers credit card statement with that credit card company, when a payment to a licensed operator is made by credit card and the transaction is categorized as required by law.
(e)A licensed operator is not in violation of this section if the operator complies with the requirements of paragraphs (1) and (2) of subdivision (d), and a person under 21 years of age participates in an authorized Internet poker game provided by the licensed operator.
(f)The department may assess a civil penalty against a person who violates this section, whether a licensed operator, owner, service provider, or player, according to the following schedule:
(1)Not less than one thousand dollars ($1,000), and not more than two thousand dollars ($2,000), for the first violation.
(2)Not less than two thousand five hundred dollars ($2,500), and not more than three thousand five hundred dollars ($3,500), for the second violation.
(3)Not less than four thousand dollars ($4,000), and not more than five thousand dollars ($5,000), for the third violation.
(4)Not less than five thousand five hundred dollars ($5,500), and not more than six thousand five hundred dollars ($6,500), for the fourth violation.
(5)Ten thousand dollars ($10,000) for a fifth or subsequent violation.
(g)The commission shall, by regulation, provide a process for a licensee to exclude from play any person who has filled out an online self-exclusion form.
(1)The commission shall develop an online self-exclusion form within six months of the effective date of this chapter.
(2)The commission shall deliver the form to each licensed operator.
(3)A licensed operator shall prominently display a link to the departments Responsible Gambling Internet Web page and the online self-exclusion form on the authorized poker Web site that is displayed when either of the following occurs:
(A)A person registers as a registered player.
(B)Each time a registered player accesses the authorized poker Web site prior to playing.
(4)A licensed operator shall retain the online self-exclusion form to identify persons who want to be excluded from play. A licensed operator shall exclude those persons from play.
(5)A licensed operator that has made commercially reasonable efforts to comply with this subdivision shall not be held liable in any way if a person who has filled out an online self-exclusion form plays despite that persons request to be excluded.
19990.502.A licensed operator shall offer only authorized Internet poker games and process bets in accordance with the specified game and betting rules established by the licensed operator and approved by the commission pursuant to Section 19990.503.
19990.503.(a)In order to propose a game for play, a licensed operator shall provide the department with both of the following via electronic means or via mail:
(1)Game rules and betting rules it proposes to offer to registered players.
(2)Documentation from an independent gaming test laboratory that is licensed or registered in any United States jurisdiction to test, approve, and certify the games software.
(b)A licensed operator shall not offer a game for play until the department has approved the game rules and betting rules.
19990.504.(a)A licensed operator shall ensure that games are fair.
(b)A licensed operator shall display a link on its authorized poker Web site that includes the following information for each game offered:
(1)The name of the game.
(2)Any restrictions on the play of the game.
(3)The rules of the game.
(4)All instructions on how to play.
(5)The unit and total bets permitted.
(6)Per hand charges assessed to registered players.
(7)The registered players current account balance, which shall be updated in real time.
(8)Any other information that a licensed operator or the department determines is necessary for the registered player to have in real time to compete fairly in the game.
(c)A licensed operator shall display a link on its authorized poker Web site that includes the following information for each tournament offered:
(1)Tournament rules.
(2)Tournament charge.
(3)Games offered during the tournament.
(4)Prize structure and number of registered players that will be paid.
(5)Buy-in amount, re-buy amount, and add-on amount.
(d)Data used to create game results shall be unpredictable so that it is infeasible to predict the next occurrence in a game.
(e)A licensed operator shall deploy controls and technology to minimize fraud or cheating through collusion, including external exchange of information between different players, or any other means.
(1)If a licensed operator becomes aware that fraud or cheating is taking place or has taken place, it shall take steps to stop those activities immediately and inform the department of all relevant facts.
(2)The department shall not impose a fine against a licensed operator to prevent fraud or cheating if the licensed operator can demonstrate that it acted responsibly to prevent those activities as soon as the licensed operator became aware of them.
(f)In a per hand game, if the gaming server or software does not allow a game to be completed, the game shall be void and all funds relating to the incomplete game shall be returned to the registered players account.
(g)In a tournament, if the gaming server or software does not allow the tournament to be completed, all prize money shall be distributed among players in accordance with the procedure approved by the department and published by the licensed operator prior to the commencement of the tournament.
(h)A licensed operator shall display or allow the results from any authorized Internet poker game, including the redemption of winnings from any game, to be displayed or represented only by showing the card faces of the winning hand and the dollar amount won.
(i)A licensed operator shall not do any of the following:
(1)Display or allow the outcome from any authorized Internet poker game, including the redemption of winnings from any game, to be displayed or represented in a manner that mimics a slot machine or any other casino-style games, including, but not limited to, blackjack, roulette, or craps.
(2)Use casino game graphics, themes, or titles, including, but not limited to, depictions of slot machine-style symbols, banked or banking card games, craps, roulette, keno, lotto, or bingo.
(3)Allow the use of robotic play at any time by itself, a service provider, or a player.
19990.505.(a)A licensed operator shall register players and establish registered player accounts prior to play.
(b)A person shall not participate in any game provided by a licensed operator unless the person is a registered player and holds a registered player account.
(c)A registered player account may be established in person, or by United States mail, telephone, or by any electronic means.
(d)To register and establish a registered player account to play poker with real money, a person shall provide all of the following registration information:
(1)First name and surname.
(2)Principal residence address.
(3)Telephone number.
(4)Social security number.
(5)Identification or certification to prove that person is at least 21 years of age.
(6)Valid email address.
(e)A licensed operator shall provide registered players with the means to update the registration information provided to the licensed operator, and shall require that registered players keep registration information current.
(f)This section does not prevent a licensed operator from entering into a marketing agreement with a third party, who has been determined to be suitable and licensed as a service provider, to recruit people to become registered players if the registration process described in this section is under the sole control of the licensed operator.
19990.506.(a)A licensed operator shall provide a means for registered players to put funds into a registered player account and transfer funds out of that account.
(b)A registered player shall identify the source of funds to be used to put money into the registered player account established once the registration process is complete.
(c)At the time of establishing a registered player account, a registered player shall designate the bank account into which funds from the registered players authorized poker Web site account are to be transferred.
(d)A registered player shall not establish more than one account on the same authorized poker Web site.
(e)While playing an authorized Internet poker game, the game system shall not permit a registered player to increase the amount of money that player has available at a game table while a hand is in play. Any increase to the funds available to a player during a hand shall not take effect until the following hand.
(f)A licensed operator shall maintain records on the balance of each registered players account.
(g)A licensed operator shall not permit a registered player to place a bet unless the registered players account has sufficient funds to cover the amount of the bet.
(h)A licensed operator shall not provide credit to a registered players account or act as agent for a credit provider to facilitate the provision of funds.
(i)Interest shall not be paid by a licensed operator with respect to a registered players account.
(j)A licensed operator shall segregate funds it holds in all registered player accounts from all of its other assets.
(k)A licensed operator shall not commingle funds in the segregated account containing funds paid by registered players with any other funds held by the licensed operator, including, but not limited to, operating funds of the licensed operator. Both the accounts of the licensed operator and its segregated registered player accounts shall be held in financial institutions located in the state.
(l)Funds held in a registered players account shall be used only for the following purposes:
(1)To pay per hand or tournament charges owed by a registered player to the licensed operator for play of authorized Internet poker games.
(2)To transfer funds from one registered players account to the account of another registered player to reconcile the result of a loss in the play of an authorized Internet poker game.
(3)To transfer funds from a registered players account to a temporary account to be held by a licensed operator pending the outcome of an authorized Internet poker game.
(4)To remit tax proceeds due and owing from a registered player to the Franchise Tax Board.
(5)To transfer funds from a registered players account with the licensed operator to an account specified by that registered player upon that registered players request.
19990.507.Prior to completing the registration process, a licensed operator shall explain in a conspicuous fashion to the person who is registering the privacy policies of the authorized poker Web site, and the person shall assent to the following policies:
(a)Personally identifiable information shall not be shared with any nongovernmental third parties, except as provided in Section 19990.512.
(b)All personally identifiable information about registered players shall be shared with state agencies, including, but not limited to, the department, the commission, the Franchise Tax Board, and the Department of Child Support Services as necessary to assist them in fulfilling their obligations.
(c)Personally identifiable information may be shared with governmental agencies only as set forth in subdivision (b) or subject to court order as provided in Section 19990.512.
19990.508.A licensed operator may require that a registered player, or a person registering as a player, agree to a Terms of Use Registered Players Agreement.
19990.509.A licensed operator may suspend or revoke the account of a registered player for any of the following reasons:
(a)A person or registered player provided false information to the licensed operator, including, but not limited to, in the registration process.
(b)The registered player has not updated registration information to keep it current.
(c)The registered player has violated the authorized poker Web sites Terms of Use Registered Players Agreement.
(d)The person has already been registered.
(e)The licensed operator suspects that the registered player has participated in an illegal or unauthorized activity on the authorized poker Web site.
(f)The licensed operator is directed by a state agency to suspend or revoke the registered players account.
19990.510.Upon registration, and each time a registered player logs into an authorized poker Web site, the licensed operator shall permit a registered player to adjust his or her play settings to:
(a)Set a limit on the deposits that can be made per day.
(b)Set a limit on the aggregate losses in a registered players account within a specified period of time.
(c)Set a limit on the amount of time that a registered player can play.
19990.511.A licensed operator shall offer customer support that shall be available to registered players 24 hours per day, 365 days per year.
19990.512.(a)A licensed operator shall protect the privacy of registered players and their personally identifiable information.
(b)A licensed operator shall comply with all applicable state and federal privacy and data protection laws.
(c)At the time a registered player registers with a licensed operator, and at least one time per year thereafter, a licensed operator shall provide notice in the form of a separate, written statement, delivered via the United States Postal Service or electronic mail, to the registered player that clearly and conspicuously informs the registered player of all of the following:
(1)The nature of personally identifiable information collected or to be collected with respect to the registered player and the nature of the use of that information.
(2)The nature, frequency, and purpose of any disclosure that may be made of personally identifiable information, including an identification of the types of persons to whom the disclosure may be made.
(3)The period during which personally identifiable information will be maintained by the licensed operator.
(4)The times and place at which the registered player may have access to personally identifiable information in accordance with subdivision (h).
(5)The limitations provided by this section with respect to the collection and disclosure of personally identifiable information by a licensed operator.
(d)A licensed operator shall not collect personally identifiable information concerning any registered player without the prior written or electronic consent of the registered player.
(e)A licensed operator may collect personally identifiable information in order to do both of the following:
(1)Obtain information necessary to operate the authorized poker Web site and offer authorized Internet poker games to registered players pursuant to this chapter.
(2)Detect unauthorized play, activities contrary to a licensed operators Terms of Use Registered Players Agreement, or activities contrary to state or federal law.
(f)Except as provided in subdivision (g), a licensed operator shall not disclose personally identifiable information concerning any registered player without the prior written or electronic consent of the registered player and shall take actions necessary to prevent unauthorized access to that information by a person other than the registered player or licensed operator.
(g)A licensed operator may disclose personally identifiable information if the disclosure is any of the following:
(1)Necessary to render, or conduct a legitimate business activity related to, the provision of authorized Internet poker games to the registered player by the licensed operator.
(2)Subject to subdivision (j), made pursuant to a court order authorizing the disclosure, if the registered player is notified of the order by the person to whom the order is directed.
(3)A disclosure of the names and addresses of registered players to any tournament third party, if both of the following apply:
(A)The licensed operator has provided the registered player the opportunity to prohibit or limit the disclosure.
(B)The disclosure does not reveal, directly or indirectly, the nature of any transaction made by the registered player over the authorized poker Web site.
(4)A disclosure to the commission and the department to fulfill its obligations under this chapter or to a state agency as authorized in this chapter.
(5)A disclosure to persons found suitable under this chapter if the registered player is notified and consents to the information being shared.
(h)A licensed operator shall provide a registered player with access to all personally identifiable information regarding that registered player that is collected and maintained by the licensed operator. The licensed operator shall make the information available to the registered player at reasonable times and at a place designated by the licensed operator. A licensed operator shall provide a registered player a reasonable opportunity to correct any error in the information.
(i)A licensed operator shall destroy personally identifiable information if both of the following apply:
(1)The information is no longer reasonably necessary for the purpose for which it was collected.
(2)There are no pending requests or orders for access to the information under subdivision (j).
(j)A governmental or nongovernmental third party may obtain personally identifiable information concerning a registered player pursuant to a court order only if, in the court proceeding relevant to the court order, both of the following apply:
(1)The third party offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity or otherwise relevant to a pending civil action and that the information sought would be material evidence in the case.
(2)The registered player about whom the information is requested is afforded the opportunity to appear and contest the third partys claim.
19990.513.A licensed operator shall establish a book of accounts and regularly audit all of its financial records and reports, which shall, at a minimum, include all of the following:
(a)Monthly auditable and aggregate financial statements of gambling transactions.
(b)Monthly calculation of all amounts payable to the state.
(c)The identity of registered players.
(d)The balance on each registered players account at the start of a session of play, the amount won or lost by each registered player during a game, and the balance on the registered players account.
(e)The bets placed on each game, time stamped by the games server.
(f)The result of each game, time stamped by the games server.
(g)The amount, if any, as determined by the registered player, withheld from winnings for federal or state income tax purposes.
19990.514.(a)A licensed operator shall make all financial records established and maintained pursuant to Section 19990.513, including, but not limited to, all books, records, documents, financial information, and financial reports, available on an electronic basis, as required by the commission, the department, or other state agencies so that those state agencies can fulfill their responsibilities under this chapter. A state agency may request specific printed hard copies of records for good cause.
(b)The licensed operators data shall be retained in a manner by which it may be accessed online by a state agency with responsibilities pursuant to this chapter. The commission shall identify which state agencies require online access.
(c)Notwithstanding subdivision (b), data covered by subdivisions (d), (e), and (f) of Section 19990.513 shall be accessible to the state agencies online for 180 days, and, thereafter, archived and retained for two years.
19990.515.A licensed operator shall do all of the following:
(a)Implement technical systems that materially aid the commission in the protection of registered players. Software shall meet, at a minimum, international industry standards as verified by an independent gaming test laboratory that is licensed or registered in any United States jurisdiction to test, approve, and certify the software.
(b)Define and document its methodology for developing software and applications and describe the manner in which software protects registered players from fraud and other risks in the play of authorized Internet poker games and in the management of registered player accounts.
(c)Meet minimum game server connectivity requirements to ensure that registered players are protected from losses due to connectivity problems.
(d)Ensure that all transactions involving registered players funds are recoverable by the system in the event of a failure or malfunction.
(e)Ensure that all information required for reviewing a game interrupted due to loss of connectivity is recoverable by the licensed operator.
(f)Document and implement preventive and detective controls addressing money laundering and fraud risks.
19990.516.(a)A licensed operator may charge registered players to play in authorized Internet poker games.
(b)(1)A licensed operator may charge a per hand charge if the per hand charge is designated and conspicuously posted on the licensed operators authorized poker Web site.
(2)A licensed operator may vary the per hand charges to registered players based on betting limits or other factors.
(c)(1)A licensed operator may charge a tournament charge if the tournament charge is designated and conspicuously posted on the licensed operators authorized poker Web site.
(2)A licensed operator may vary tournament charges based on tournament prizes or other factors.
(d)A licensed operator shall provide notice to the commission of the charges to registered players prior to initiating play.
19990.517.A licensed operator may do any of the following:
(a)Enter into an agreement with any third party to sponsor or underwrite prizes for a tournament, subject to the approval of the commission and, if applicable, the tribal gaming regulatory authority.
(b)Enter into an agreement to sell advertisement space on any Internet Web site it controls.
(c)Enter into an agreement with a third-party service provider for marketing, or any other purpose consistent with this chapter, including, but not limited to, displaying the name of a marketing partner on a screen viewed by a registered player.
(d)Enable a chat function between registered players if it has in place effective controls against collusion.
(e)Post Internet Web links on the Internet Web sites it controls to permit registered players to access remote Internet Web sites.
(f)Offer authorized Internet poker games on up to two authorized poker Web sites pursuant to its license.
(g)Enter into contractual agreements with one or more licensed operators for the purpose of ensuring adequate player liquidity.
19990.518.There are three categories of application fees, regulatory fees, and license deposits, as follows:
(a)Application Processing Fee. In order to cover the costs of suitability investigations and other costs of processing an application for a license or work permit, the applicant shall deposit the applicable application processing fee as provided in subdivision (a) of Section 19990.402, subdivision (e) of Section 19990.403, subdivision (b) of Section 19990.404, or Section 19990.605. Any balance of the application processing fee that remains after completion of the determination of suitability shall be refunded to the applicant. If additional moneys are needed to complete the determination of suitability of the license applicant, the applicant shall pay the funds necessary to complete the determination of suitability.
(b)One-time License Deposit. Prior to offering any games for play or accepting any bets on its authorized poker Web site, a licensed operator shall pay the one-time license deposit as provided in subdivision (a) of Section 19990.519. This deposit shall be an advance against the duty on gross gaming revenues specified in subdivision (b) of Section 19990.519.
(c)Ongoing Regulatory Fees. Following issuance of a license and beginning of operations thereunder, the licensed operator shall pay the ongoing regulatory fees set forth in subdivision (c) of Section 19990.519.
19990.519.(a)In support of the application for a license pursuant to this chapter, prior to offering games or accepting bets on its authorized poker Web site, the licensed operator shall remit to the Treasurer a one-time license deposit in the amount of ____ dollars ($____), to be deposited into the General Fund, subject to Section 19619.8, and credited against charges imposed pursuant to subdivision (b) on the licensed operators gross gaming revenues. Upon depletion of the license deposit, the department shall notify the licensed operator to commence quarterly payments to the state in accordance with subdivision (b).
(b)In consideration of the substantial value of each license, a licensed operator shall remit to the Treasurer on a quarterly basis for deposit in the General Fund, subject to Section 19619.8, an amount equal to ____ percent of its gross gaming revenues.
(1)Each quarterly payment shall be due on the 10th day of the month following the end of each quarter.
(2)A licensed operator shall make all electronic and written financial records available to the Treasurer, the commission, and the department on an electronic basis.
(c)Each licensed operator shall pay a regulatory fee, to be deposited in the Internet Poker Fund, in an amount to be determined by the commission, for the reasonable costs of license oversight, consumer protection, state regulation, problem gambling programs, and other purposes related to this chapter, determined on a pro rata basis depending on the number of licensed operators in the state.
19990.520.(a)The licensed operator shall facilitate the collection of personal income taxes from registered players by the Franchise Tax Board and shall be responsible for providing current and accurate documentation on a timely basis to all state agencies, as provided in this chapter.
(b)The state and its agencies shall treat the proprietary information provided by a licensed operator as confidential to protect the licensed operator and to protect the security of the authorized poker Web site.
(c)The confidentiality provisions of this chapter exempt proprietary information supplied by a licensee to a state agency from public disclosure consistent with subdivision (b) of Section 6253 of the Government Code.
19990.521.(a)A licensee shall act expeditiously to cure any violation of this chapter, or any regulation adopted pursuant to this chapter, in the offer or administration of authorized Internet poker games that interferes with its obligations to the state or registered players under this chapter.
(b)If a licensee becomes aware of any violation of this chapter, it shall notify the department immediately and work with the department to develop a plan to rectify the violation.
(c)If the department becomes aware of any violation of this chapter, or if it becomes aware of any activities that might lead to a violation, the department shall provide notice of that violation to the licensee and a reasonable opportunity for the licensee to cure the violation. If the violation is not timely cured, the department shall investigate the violation further and may take enforcement actions. If the commission becomes aware of any violation of this chapter, the commission shall notify the department of the violation immediately so that the department may take appropriate action pursuant to this chapter.
(d)All state agencies with responsibilities under this chapter shall report any actual or suspected violation of this chapter, or any regulation adopted pursuant to this chapter, or activities that may lead to a violation, to the department immediately so that the department can assess whether it needs to commence an investigation or enforcement action.
(e)A licensee shall be afforded a reasonable time period to cure any reported violation. During this time period, a licensee shall not be subject to prosecution for the criminal penalty described in Section 19990.303, or liable for the civil penalties described in this article.
(f)The department shall have subpoena power in an investigation of any violation of this chapter, or any regulation adopted pursuant to this chapter.
(g)The commission may revoke or suspend any license or work permit under this chapter upon reaching a finding that the licensee or employee is in violation of any provision of this chapter, or any regulation adopted pursuant to this chapter. However, a tribal licensee shall not have its license suspended or revoked, or be fined or otherwise penalized, for complying with any applicable federal law or regulation when operating an authorized poker Web site on Indian lands. To the extent that any state requirement is more stringent than any applicable federal requirement, the tribal licensee shall comply with the more stringent state requirement, unless the federal requirement preempts state law.
(h)A licensee may appeal any final decision of the department pursuant to this section to the superior court. The superior court shall hear any appeal de novo.
(i)The department shall protect the rights and assets of registered players on an authorized poker Web site if the licensed operators license pursuant to this chapter is revoked or the licensed operator becomes bankrupt.
19990.522.(a)(1)A license issued pursuant to this chapter is not transferable.
(2)If a licensed operator seeks to change the ownership of its land-based gaming facility, both of the following apply:
(A)The license held by the licensed operator under this chapter shall be rendered void upon the date of any change of ownership in the land-based gaming facility.
(B)Prior to a change in ownership, the acquiring person shall apply to become a licensed operator, at which point the commission shall determine whether the person is legally qualified to be a licensed operator under this chapter.
(b)The department shall investigate to ensure that any person acquiring an interest in a licensee is suitable, and otherwise financially, technically, and legally qualified to be a licensee pursuant to this chapter. If an acquiring person is found to be unsuitable to be a licensee, or otherwise not financially, technically, or legally qualified to be a licensee, the licensed operator or the acquiring person may challenge that determination.
19990.523.All facilities, software, including downloadable programs, and any other property, both tangible and intangible, used by the licensed operator in offering authorized Internet poker games for play on an authorized poker Web site shall be the property of the licensed operator or its licensed service providers, and shall be subject to the review of the department and the approval of the commission.
19990.524.If any dispute arises between the state and a licensee, either the commission or a licensee may file an action in the superior court of any county in which the commission has an office for an interpretation of the rights and responsibilities of the state and the licensee pursuant to this chapter.
19990.525.(a)(1)The department or commission may contract with other public or private entities, including, but not limited to, state, tribal, and international regulatory agencies, for the provision of services related to a responsibility imposed on the department or commission by this chapter if all of the following are satisfied:
(A)The contract will assist with the provision of efficient, effective, and robust regulation of intrastate Internet poker.
(B)The contract provides access to expertise that has been tested and proven in the poker industry.
(C)The department or commission retains administrative control and responsibility for ensuring compliance with this chapter.
(2)In order to expedite the implementation of intrastate Internet poker, a contract entered into pursuant to paragraph (1) is not subject to the Public Contracts Code, or otherwise applicable contracting provisions of the Government Code.
(b)A state agency with a duty pursuant to this chapter may enter into agreements to share information with other regulatory and law enforcement agencies to assist in performing the state agencys duty.
6.Employee Work Permits19990.601.(a)Except as provided in Section 19990.602, a licensee shall submit an application and applicable fees to the department and apply to the commission for an employee work permit on behalf of each employee.
(b)Prior to initiating operations and thereafter, a licensee shall ensure that every employee has been issued an employee work permit by the commission prior to that person having access to the licensees facilities. The permit shall be renewed every two years.
(c)The commission shall issue an employee work permit only if, based on all of the information and documents submitted, the commission is satisfied that the applicant is, at a minimum, all of the following:
(1)A person of good character, honesty, and integrity.
(2)A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the integrity of a gaming operation or public interest of this state, or to the effective regulation and control of controlled gambling, as defined in Section 19805, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of controlled gambling or in the carrying on of incidental business and financial arrangements.
(3)A person who is in all other respects qualified to hold an employee work permit as provided in this chapter.
(d)The commission shall not issue an employee work permit unless the applicant meets the qualification standards adopted by the commission by regulation. A tribal gaming regulatory authority may impose additional qualifications with respect to activities on Indian lands.
19990.602.(a)A tribe that is a licensed operator, or that owns a tribal enterprise that is a licensed operator, may elect to participate in the tribal gaming regulatory authority process prescribed by this section for the issuance of employee work permits. If the tribe does not elect to participate in the tribal gaming regulatory authority process as provided in this section, then the process specified in this section regarding submission and action by the tribal gaming regulatory authority on the application for employee work permit shall not apply, and the other provisions of this chapter shall instead govern.
(b)The joint state and tribal processes required pursuant to this section are intended to promote and involve joint cooperation among the tribal gaming regulatory authority, the commission, and the department.
(c)The tribal employee work permit process shall be as follows:
(1)All applications for employee work permits first shall be filed with the tribal gaming regulatory authority, which shall promptly file a copy of the application with the commission, together with information regarding the filing date and the payment of fees and deposits. The application shall be accompanied by the fees required in Section 19990.605, except those fees shall be deposited into a tribal account created for the purpose of holding the deposited funds and using them for the costs of the suitability review and the issuance of the license.
(2)In reviewing an application for a work permit, the tribal gaming regulatory authority shall determine whether issuance of the employee work permit would meet the suitability standards set forth in this chapter. The tribal gaming regulatory authority shall not issue a permit unless, based on all information and documents submitted, the tribal gaming regulatory authority determines that the applicant meets all of the criteria set forth in this chapter for the issuance of the employee work permit.
(3)The tribal gaming regulatory authority shall conduct, or cause to be conducted, all necessary determinations of suitability reasonably required to determine that the applicant is qualified for an employee work permit under the standards set forth in this chapter for the issuance of the employee work permit.
(4)In lieu of completing its own determination of suitability, and to the extent that doing so does not conflict with or violate this chapter, the tribal gaming regulatory authority may contract with the department for the conduct of determinations of suitability, may rely on a state certification of nonobjection previously issued under a gaming compact involving another tribe, or may rely on a state gaming license previously issued to the applicant, to fulfill some or all of the tribal gaming regulatory authoritys determination of suitability obligation. An applicant for a tribal employee work permit shall provide releases to make background information regarding the applicant available to the tribal gaming regulatory authority, the department, and the commission.
(5)Upon completion of the necessary determination of suitability, the tribal gaming regulatory authority may issue a finding that the person or entity is eligible for an employee work permit on a conditional or unconditional basis. This section does not create a property or other right of an applicant in an opportunity to be permitted, or in a permit itself, both of which shall be considered privileges granted to the applicant in the sole discretion of the tribal gaming regulatory authority.
(6)Upon receipt of a completed license application and a determination by the tribal gaming regulatory authority that the applicant is eligible and suitable for the employee work permit, the tribal gaming regulatory authority shall transmit to the commission a notice of intent to issue a permit to the applicant. The tribal gaming regulatory authority shall not issue an employee work permit until the process required by paragraph (7) is complete.
(7)After receipt of the tribal gaming regulatory authoritys notice pursuant to paragraph (6), and upon completion of the necessary determination of suitability, the commission shall issue a notice to the tribal gaming regulatory authority stating its finding that the applicant is suitable or is not suitable for the requested permit. The commission may charge an additional application processing fee pursuant to Section 19990.605 to cover the reasonable costs of conducting its verification of suitability.
(A)If the commission notices a finding that the applicant is suitable, the tribal gaming regulatory agency shall issue an employee work permit to the applicant. The permit shall be effective pursuant to this chapter as though issued by the commission.
(B)If the commission notices a finding that the applicant is not suitable, the tribal gaming regulatory authority shall not issue the requested permit. Prior to denying an application for a determination of suitability, the commission shall notify the tribal gaming regulatory authority and afford the tribe an opportunity to be heard. If the commission denies an application for a determination of suitability, the commission shall provide the applicant with written notice of all appeal rights available under state law.
(C)Upon receipt of notice that the commission or department, collectively or individually, or the tribal gaming regulatory authority has determined that a person would be unsuitable in a similar application filed in connection with a nontribal operation, the tribal gaming regulatory authority shall not issue the requested permit or, if that notice is received after issuance of the permit, promptly revoke that permit. However, the tribal gaming regulatory authority may, in its discretion, reissue a permit to the person following entry of a final judgment reversing the determination of the commission and department in a proceeding in state court conducted pursuant to Section 1085 of the Code of Civil Procedure.
(8)A tribal permit application submitted pursuant to this section may be denied, and any permit issued may be revoked, if the tribal gaming regulatory authority determines that the application is incomplete or deficient, or if the applicant is determined to be unsuitable or otherwise unqualified for a permit. Pending consideration of revocation, the tribal gaming regulatory authority may suspend a permit. All rights to notice and hearing shall be governed by the rules of the tribal gaming regulatory authority, which shall meet minimum requirements to be developed among the tribes, the commission, and the department, and as to which the applicant shall be notified in writing, along with notice of an intent to suspend or revoke the permit.
(9)The tribal gaming regulatory authority may summarily suspend an employee work permit issued pursuant to this section if the tribal gaming regulatory authority determines that the continued permitting of the person or entity could constitute a threat to the public health or safety or may violate this chapter.
(d)The commission and tribal gaming regulatory authorities conducting suitability reviews pursuant to this section shall cooperate in sharing as much background information as possible in order to maximize investigative efficiency and thoroughness, to minimize investigative costs, and to expedite the permitting process.
(e)The commission and the tribes that have elected to conduct suitability reviews pursuant to this section shall cooperate in developing standard forms for tribal gaming employee work permit applicants, on a statewide basis, that reduce or eliminate duplicative or excessive paperwork, and that take into account the requirements of this chapter and the expense of compliance with those requirements.
19990.603.An applicant for an employee work permit is disqualified if the applicant is described by any of the following:
(a)The applicant failed to clearly establish eligibility and qualifications in accordance with this chapter.
(b)The applicant failed to timely provide information, documentation, and assurances required by this chapter or requested by any state official, or, with respect to a licensed applicant, failed to reveal any fact material to qualification, or supplied information that is untrue or misleading as to a material fact pertaining to the suitability criteria.
(c)The applicant has been convicted of a felony, including a conviction by a federal court or a court in another state or foreign jurisdiction for a crime that would constitute a felony if committed in California, except that a conviction of a felony involving the hunting or fishing rights of a tribal member while on his or her reservation shall not be included among the class of disqualifying felonies.
(d)The applicant has been convicted of a misdemeanor in a jurisdiction involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code. However, the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the department or affect the applicants burden.
(e)The applicant has associated with criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(f)The applicant has contemptuously defied a legislative investigative body, or other official investigative body of a state or of the United States or a foreign jurisdiction, when that body is engaged in the investigation of crimes relating to poker, official corruption related to poker activities, or criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(g)The applicant is less than 21 years of age.
(h)The applicant has been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity.
19990.604.(a)If a licensed operator has any owners, officers, or directors who are not employees, it shall ensure that each of those persons obtains an employee work permit before having any role or decisionmaking authority regarding the licensed operators gaming operations.
(b)If the licensed operator is a tribal enterprise controlled by an independent board of directors, the officers, directors, and employees of that tribal enterprise are subject to suitability review pursuant to this section. This section does not require that an officer, director, employee, or member of the tribe that owns the tribal enterprise be subject to suitability review if that individual is not also an officer, director, employee, or member of the tribal enterprise or a person who controls the core functions of the tribal enterprise.
19990.605.The commission, the department, and, if applicable, the tribal gaming regulatory authority, shall establish application processing fees to be paid by a licensee for the reasonable cost of determinations of suitability for, and issuance of, employee work permit applications. The commission shall establish processes for the revocation or suspension of an employee work permit, and to withdraw an application for an employee work permit.
19990.606.A licensed operator or service provider shall not enter into, without prior approval of the commission, a contract or agreement with either of the following:
(a)A person who is denied a gambling license or employee work permit pursuant to Chapter 5 (commencing with Section 19800), or whose gambling license or employee work permit is suspended or revoked.
(b)Any business enterprise under the control of a person described in subdivision (a), after the date of receipt of notice of the action.
19990.607.(a)(1)A licensed operator or service provider shall not employ, without prior approval of the commission, a person in any capacity for which he or she is required to have an employee work permit, if the person has been denied a gambling license or an employee work permit pursuant to Chapter 5 (commencing with Section 19800), or if his or her gambling license or employee work permit has been suspended or revoked after the date of receipt of notice of the action by the commission or tribal gaming regulatory authority.
(2)A licensed operator or service provider shall not enter into a contract or agreement with a person whose application for a gambling license or an employee work permit has been withdrawn with prejudice, or with a business enterprise under the control of that person, for the period of time during which the person is prohibited from filing a new application for a gambling license or an employee work permit.
(b)(1)If an employee who is required to hold an employee work permit pursuant to this chapter is denied an employee work permit, or has his or her employee work permit revoked, the employee shall be terminated immediately in all capacities. Upon notifying the licensee of the denial or revocation, the employee shall have no further involvement in the gambling operation.
(2)If an employee who is required to hold an employee work permit pursuant to this chapter has his or her employee work permit suspended, the employee shall be suspended in all capacities. Upon notifying the licensee of the suspension, the employee shall not be permitted to have any involvement in the gambling operation during the period of suspension.
(3)A licensed operator or service provider shall not designate another employee to replace the employee whose employment was terminated or suspended, unless the other employee has an existing work permit.
(c)A licensed operator or service provider shall not pay to a person whose employment has been terminated or suspended as described in subdivision (b) any remuneration for any service performed in any capacity in which the person is required to hold an employee work permit, except for amounts due for services rendered before the date of receipt of the notice.
(d)Except as provided in subdivision (b), a contract or agreement for the provision of services or property to a licensed operator or service provider or for the conduct of any activity pertaining to the operation of an authorized poker Web site, that is to be performed by a person required by this chapter, or by regulation, to hold an employee work permit, shall be terminated upon a suspension or revocation of the persons employee work permit.
(e)If a contract or agreement for the provision of services or property to a licensed operator or service provider, or for the conduct of any activity at an authorized poker Web site, is to be performed by a person required by this chapter or by regulations adopted pursuant to this chapter, to hold an employee work permit, the contract or agreement shall be deemed to include a provision for its termination without liability on the part of the licensed operator or service provider upon a suspension or revocation of the persons employee work permit. In any action brought by the commission to terminate a contract or agreement pursuant to subdivision (d) or this subdivision, it is not a defense that the contract or agreement does not expressly include the provision described in this subdivision, and the lack of express inclusion of the provision in the contract or agreement is not a basis for enforcement of the contract or agreement by a party to the contract or agreement.
7.Protection of Registered Players19990.701.A licensed operator shall use its best efforts to protect registered players. Subject to the approval of the department, and consistent with uniform standards established by the department by regulation, each licensed operator shall establish administrative procedures to resolve registered player complaints.
19990.702.(a)If a registered player has a complaint against a licensed operator, the exclusive remedy shall be to register the complaint with the department.
(b)The department shall establish regulations with respect to registered player complaints.
(c)Under the regulations, the department shall do all of the following:
(1)Investigate registered player complaints to determine if a licensed operator has failed to meet its obligations to a registered player.
(2)Attempt to resolve complaints by registered players if a licensed operator fails to meet an obligation to a registered player.
(3)Initiate enforcement actions to require specific performance of any obligation that the department has determined a licensed operator has failed to fulfill with respect to a registered player.
(d)A licensed operator may appeal any action by the department pursuant to this article to the superior court, which shall review the appeal de novo.
8.Financial Provisions for State Regulation and Unlawful Gambling Enforcement19990.801.The Treasurer shall transfer all amounts received pursuant to subdivision (a) of Section 19990.402, subdivision (e) of Section 19990.403, subdivision (b) of Section 19990.404, subdivision (c) of Section 19990.519, and Section 19990.605 to the Controller for deposit in the Internet Poker Fund, which is created in the State Treasury, to be administered by the department. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the department and the commission, without regard to fiscal years, in the amounts necessary for the department and the commission to perform their duties under this chapter.
19990.802.(a)The Unlawful Gambling Enforcement Fund is hereby established within the General Fund for purposes of ensuring adequate resources for law enforcement charged with enforcing the prohibitions and protections of this chapter. The Unlawful Gambling Enforcement Fund shall be funded by depositing:
(1)____ percent of the revenue from the civil penalties recovered by law enforcement authorities pursuant to Section 19990.803 into the fund prior to the distribution required under subdivision (c) of Section 19990.803.
(2)All amounts or property recovered pursuant to Section 19990.804.
(3)____ percent of the duties paid by licensed operators pursuant to subdivision (b) of Section 19990.519, after any distribution required by Section 19619.8.
(4)The revenue from the civil penalties recovered pursuant to subdivision (f) of Section 19990.501.
(b)Up to ____ million dollars ($____) in the fund may be expended annually by the Attorney General, upon appropriation by the Legislature, for the purposes of this chapter.
19990.803.(a)Except as provided in subdivision (f) of Section 19990.501, a person who engages or conspires to engage in activities prohibited by this chapter, or in connection with the use of an Internet access device, activities prohibited by Section 321, 322, 323, 324, 326, 330, 330a, 330b, 330c, 330.1, 330.4, or 331 of the Penal Code, is liable for a civil penalty not to exceed ____ dollars ($____) for each violation, in addition to any other penalty or remedy that may be imposed by law, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, a county counsel authorized by agreement with the district attorney in an action involving the violation of a county ordinance, the city attorney of a city having a population in excess of 750,000 persons, the city attorney of a city and county, or, with the consent of the district attorney, the city prosecutor in a city with a full-time city prosecutor, in a court of competent jurisdiction.
(b)In determining the amount of the civil penalty described in subdivision (a), the court shall consider any relevant circumstance presented by a party to the case, including, but not limited to, any of the following:
(1)The nature and seriousness of the misconduct.
(2)The number of violations.
(3)The persistence of the misconduct.
(4)The length of time over which the misconduct occurred.
(5)The willfulness of the defendants misconduct.
(6)The defendants assets, liabilities, and net worth.
(c)(1)Subject to paragraph (1) of subdivision (a) of Section 19990.802, civil penalties recovered by law enforcement authorities pursuant to this section shall be allocated as follows:
(A)If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered for deposit into that countys general fund, and one-half to the Treasurer for deposit into the Unlawful Gambling Enforcement Fund.
(B)If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered for deposit into that countys general fund.
(C)If the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered for deposit into that citys general fund, and one-half to the treasurer of the county in which judgment was entered for deposit into that countys general fund. If the action is brought by the city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered.
(2)The revenue from all civil penalties allocated to the Unlawful Gambling Enforcement Fund pursuant to subparagraph (A) of paragraph (1), upon appropriation by the Legislature, shall be used by the Attorney General exclusively to support the investigation and enforcement of violations of Californias gambling laws, including the implementation of judgments obtained from prosecution and investigation of those violations and violations of, in connection with the use of an Internet access device, Sections 321, 322, 323, 324, 326, 330, 330a, 330b, 330c, 330.1, 330.4, and 331 of the Penal Code, and other activities that are in furtherance of this chapter.
(3)The revenue from all civil penalties allocated to the treasurer of the county, city, or city and county in which the judgment was entered pursuant to subparagraphs (A), (B), and (C) of paragraph (1) shall be for the exclusive use of the district attorney, the county counsel, the city attorney, or the city prosecutor, whichever is applicable, for the enforcement of this chapter and existing laws prohibiting illegal gambling activity.
19990.804.(a)Any money, other representative of value, or real or personal property used in, or derived from, the play of a game provided on the Internet that is not authorized by the state pursuant to this chapter is subject to seizure by the department or by a peace officer.
(b)Upon a finding by a court that the money, other representative of value, or real or personal property was used in, or derived from, the play of a game provided on the Internet that is not authorized by the state pursuant to this chapter, that money or property shall be forfeited to the Unlawful Gambling Enforcement Fund established in Section 19990.802.
9.Preemption of Local Regulation19990.901.A city, county, or city and county shall not regulate, tax, or enter into a contract with respect to any matter related to this chapter. This section does not prohibit or limit the investigation and prosecution of any violation of this chapter.
10.Reports to the Legislature19990.1001.Notwithstanding Section 10231.5 of the Government Code, within one year of the operative date of this chapter, and annually thereafter, the commission, in consultation with the department, the Treasurer, and the Franchise Tax Board, shall issue a report to the Legislature describing the states efforts to meet the policy goals articulated in this chapter. The report shall be submitted in compliance with Section 9795 of the Government Code.
19990.1002.(a)At least four years after the issue date of any license pursuant to this chapter, but no later than five years after that date, the Bureau of State Audits shall issue a report to the Legislature detailing the implementation of this chapter.
(b)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
11.Partial Severability and Repeal of Chapter19990.1101.(a)Except as provided in subdivision (b), the provisions of this chapter are severable. If any provision of this chapter, other than those listed in subdivision (b), or its application, is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(b)(1)The following provisions of this chapter are not severable:
(A)Establishing poker as the only permissible Internet gambling game.
(B)Prohibiting persons or entities who have been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity, from being licensed under this chapter.
(C)Limiting the entities that are eligible for an operator license.
(2)If any of the provisions identified in paragraph (1), or application of those provisions to any person or circumstances, is held invalid, the entire chapter shall be invalid.
19990.1102.This chapter shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.
SEC. 3.The Legislature finds and declares that Chapter 5.2 (commencing with Section 19990.101) of Division 8 of the Business and Professions Code, as added by Section 1 of this act, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The limitations on the peoples right of access set forth in this act are necessary to protect the privacy and integrity of information submitted by registered players as well as the proprietary information of the license applicants and licensees.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 5.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the interests of Californians who play online gambling games and to ensure that people play fair games, that the state realizes the revenues, and that suitable persons operate authorized poker Web sites, it is necessary that this act take effect immediately.
The first sixty million dollars ($60,000,000) collected each fiscal year pursuant to subdivisions (a) and (b) of Section 19990.519 shall be deposited as follows:
(a)Ninety-five percent in the California Horse Racing Internet Poker Account, which is hereby created in the General Fund. Notwithstanding Section 13340 of the Government Code, the funds in the California Horse Racing Internet Poker Account are continuously appropriated to the board, which shall annually distribute the funds in the California Horse Racing Internet Poker Account according to all of the following:
(1)One and three-twentieths percent to the defined contribution retirement plan for California-licensed jockeys established pursuant to paragraph (1) of subdivision (i) of Section 19604 and administered as specified in this chapter.
(2)One and three-twentieths percent to provide health and welfare benefits for California-licensed jockeys, former California-licensed jockeys, and their dependents pursuant to Section 19612.9.
(3)Two and three-tenths percent to supplement the pension plan for pari-mutuel employees administered on behalf of the labor organization that has historically represented the employees who accept or process any form of wagering at the horse racing meetings and for other entities licensed to conduct wagering on horse races in California. Moneys distributed pursuant to this paragraph shall supplement, and not supplant, moneys distributed to that fund pursuant to this chapter or any other law.
(4)Ninety-five and four-tenths percent to racing associations or fairs as commissions, to horsemen participating in the racing meeting in the form of purses, and as incentive awards, in the same relative proportion as they were generated or earned at each racing association or fair on races conducted or imported by that racing association or fair during the prior calendar year. Notwithstanding any other law, the distributions with respect to each breed of racing may be altered upon the approval of the board, in accordance with an agreement signed by the respective associations, fairs, horsemens organizations, and breeders organizations receiving those distributions.
(b)Five percent to the State Treasury to the credit of the Fair and Exposition Fund, to be deposited in the separate account in the fund specified in Section 19606.1 to benefit state designated fairs as defined in Sections 19418, 19418.1, 19418.2, and 19418.3. Revenues deposited into the separate account in the fund pursuant to this section, notwithstanding Section 19606.1 or any other law to the contrary, shall be allocated only to fairs in Class I to IV+, inclusive, as classified by the department pursuant to Section 4507 of the Food and Agricultural Code.
SEC. 2.Chapter 5.2 (commencing with Section 19990.101) is added to Division 8 of the Business and Professions Code, to read:5.2.The Internet Poker Consumer Protection Act of 20161.Title and Legislative Declarations19990.101.This chapter shall be known and may be cited as the Internet Poker Consumer Protection Act of 2016.
19990.102.The Legislature hereby finds and declares all of the following:
(a)In October 2006, the United States Congress passed the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) (31 U.S.C. Secs. 5361 et seq.), which generally prohibits the use of banking instruments, including credit cards, checks, and fund transfers, for interstate Internet gambling.
(b)UIGEA essentially prohibits online gambling by United States citizens, but includes exceptions that permit individual states to create a regulatory framework to enable intrastate Internet gambling, if the bets or wagers are made exclusively within a single state under certain circumstances.
2.Definitions19990.201.For the purposes of this chapter, the following words have the following meanings:
(a)Authorized Internet poker game means any of several card games, duly authorized by the department and played on an authorized poker Web site, that meet the definition of poker as specified by this section.
(b)Authorized poker Web site means a Web site on which authorized Internet poker games are offered for play by a licensed operator pursuant to this chapter.
(c)Background investigation means a process of reviewing and compiling personal and criminal history and financial information through inquiries of various law enforcement and public sources to establish a persons qualifications and suitability for any necessary license or employee work permit issued pursuant to this chapter.
(d)Bet means the placement of a wager in a game.
(e)Card room means a gambling enterprise, as defined in subdivision (m) of Section 19805.
(f)Commission means the California Gambling Control Commission.
(g)Core functions and core functioning mean any of the following:
(1)The management, administration, or control of bets on authorized Internet poker games.
(2)The management, administration, or control of the games with which those bets are associated.
(3)The development, maintenance, provision, or operation of a gaming system.
(h)Corporate affiliate means any person controlled by, controlling, or under common ownership with, another person or entity. A person or entity will be deemed to control another person or entity if it possesses, directly or indirectly, the power to direct the management or policies of the other entity, whether through ownership of voting interests or otherwise, or if, regardless of whether or not it has that power, it holds 10 percent or more of the ownership or control of the other entity, whether as a stockholder, partner, member, trust interest, or otherwise.
(i)Department means the Department of Justice.
(j)Determination of suitability or suitability review means the process, including, but not limited to, conducting a background investigation, to determine whether an applicant for a license or employee work permit issued pursuant to this chapter meets the qualification criteria described in this chapter or whether the applicant is disqualified on any of the grounds specified in this chapter.
(k)(1)(A)Eligible entity includes both of the following:
(i)A card room that operates pursuant to Chapter 5 (commencing with Section 19800) whose owner or owners have been authorized, subject to oversight by, and in good standing with, the applicable state regulatory authorities.
(ii)A federally recognized California Indian tribe that operates a gaming facility pursuant to a facility license issued in accordance with a tribal gaming ordinance approved by the Chair of the National Indian Gaming Commission and that is eligible to conduct real-money poker at that facility.
(B)An entity identified in this paragraph shall have operated its land-based gaming facility for at least five years immediately preceding its application to secure a license to operate an Internet poker Web site pursuant to this chapter, and shall be in good standing during that time period with the applicable federal, state, and tribal regulatory authorities.
(2)A group consisting of any combination of tribes and card rooms is eligible to jointly apply for a license pursuant to this chapter, through an entity organized under state or federal law, if each entity within the group independently satisfies the requisite eligibility requirements identified in this chapter.
(3)Subject to any applicable limited waiver of sovereign immunity as set forth in subdivision (d) of Section 19990.402, this chapter does not restrict a tribal licensee from participating as an instrumentality of a tribal government or a political subdivision of a tribe, or from forming a separate business entity organized under federal, state, or tribal law.
(4)A tribe that operates a gaming facility that accepts bets from players within this state but who are not physically present on Indian lands when making those bets is not an eligible entity, unless those bets are accepted on authorized Internet poker games played on an authorized poker Web site.
(l)Employee means any natural person employed in, or serving as a consultant or independent contractor with respect to, the core functioning of the actual operation of an authorized poker Web site.
(m)Employee work permit means a permit issued to an employee of the licensed operator or a service provider, or to a nonemployee owner, officer, or director of a licensed operator, by the commission pursuant to this chapter.
(n)Gambling means to deal, operate, carry on, conduct, maintain, or expose for play any game for money.
(o)Game means any gambling game.
(p)Gaming system means the technology, including hardware and software, used by a licensee to facilitate the offering of authorized Internet poker games to registered players.
(q)Good standing means that a person has not had a gambling license suspended or revoked by a final decision of the commission or been finally ordered by a court of competent jurisdiction to cease conducting gaming activities.
(r)(1)Gross gaming revenues means the total amount of moneys paid by players to the operator to participate in authorized games before deducting the cost of operating those activities except for fees to marketing affiliates and payment processing fees.
(2)Gross gaming revenues do not include player account deposits or amounts bet, except to the extent any portion of those bets are retained as fees by the operator, discounts on goods or services, rebates or promotional discounts or stakes provided to players, or revenues from nongaming sources, such as from food, beverages, souvenirs, advertising, clothing, and other nongaming sources.
(s)IGRA means the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.).
(t)Initial operator license means an operator license that is issued pursuant to subdivision (h) of Section 19990.402.
(u)Internet access device means a personal computer or mobile communications device used for connecting to the Internet.
(v)Internet Poker Fund means the fund established pursuant to Section 19990.801.
(w)Intrastate means within the borders and jurisdiction of California.
(x)Key employee means any natural person employed by a licensed operator, service provider, or marketing affiliate, or by a holding or intermediary company of a licensed operator, service provider, or marketing affiliate, who is an officer or director of the licensed operator or service provider, or who, in the judgment of the commission, has the authority to exercise significant influence over decisions concerning the operation of the licensed operator or service provider as that operation relates to the Internet poker authorized by this chapter.
(y)Land-based gaming facility means a gambling establishment, as defined in subdivision (o) of Section 19805, that is operated pursuant to Chapter 5 (commencing with Section 19800), or a casino operated by a tribe on Indian land in California.
(z)Licensed operator means an eligible entity licensed pursuant to this chapter to offer the play of authorized Internet poker games to registered players on an authorized poker Web site.
(aa)Licensed service provider means a person licensed pursuant to this chapter to provide goods or services to a licensed operator for use in the operation of an authorized poker Web site.
(ab)Licensee means a licensed operator or licensed service provider.
(ac)Net position means the residual difference between assets and liabilities, as defined by generally accepted accounting principles.
(ad)Online self-exclusion form means a form on which an individual notifies a licensed operator that he or she must be excluded from participation in authorized Internet poker games for a stated period of time.
(ae)Owner means any person that is eligible to own a land-based gaming facility in California and that has a financial interest in, or control of, a person or entity required to be found suitable under this chapter, including shareholders, partners, and members of limited liability companies holding more than 10 percent of the equity or voting control of the person or entity and any person found by the commission to be exerting management or control of the person or entity in fact. An owner of a licensed operator shall include only those persons eligible to own a land-based gaming facility in California. Owner does not include the members or government officials of a tribe.
(af)Per hand charge means the amount charged by the licensed operator for registered players to play in a per hand game.
(ag)Per hand game means an authorized Internet poker game for which the licensed operator charges the player for each hand played.
(ah)Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity, including any federally recognized California Indian tribe, or an entity that is wholly owned by the tribe.
(ai)Play-for-fun game means a version of a lawfully played gambling game in which there is no requirement to pay to play or any possibility of winning any prize or other consideration of value, including, but not limited to, games offered only for purposes of training, education, marketing, or amusement.
(aj)Play-for-free game means a version of a lawfully played gambling game that may include prizes or pots, without requiring a fee or other consideration for the right to play.
(ak)Play settings means the options and default parameters made available by a licensed operator to a registered player in the play of authorized Internet poker games.
(al)(1)Poker means any of several nonbanked card games commonly referred to as poker that meet all of the following criteria:
(A)Played by two or more individuals who bet and play against each player and not against the house on cards dealt to each player out of a common deck of cards for each round of play, including those games played over the Internet using electronically generated and displayed virtual cards.
(B)The object of the game is to hold or draw to a hand containing a predetermined number of cards that, when all cards to be dealt in the round have been distributed and the betting is completed, meets or exceeds the value of the hands held by the other players. The pot of bets made is awarded to the player or players holding the combination of cards that qualify as the winning combination under the rules of play. Values may be assigned to cards or combinations of cards in various ways, including in accordance with their face value, the combinations of cards held, such as cards of a similar suit or face value, the order of the cards that are held, or other values announced before the round.
(C)The house may deal or operate and officiate the game, and may collect a fee for doing so, but is not a participant in the game itself. The house has no stake in who wins or loses.
(D)Poker may be played in a variety of ways, including dealing all cards to the players so that they may not be seen by others, dealing the cards open face to the players, dealing through a combination of both, or creating a common set of cards that may be used by all players. The particular rules and winning combinations are made known to the players before each round is dealt.
(E)All bets are placed in a common pot. At one or more predetermined points during the game a player may resign, challenge other players to make additional bets into the pot, or demand that players reveal their hand so a winner can be determined.
(F)A poker game that has been approved by the commission for play in an authorized live poker room in California pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800)) shall be eligible for qualification by the commission as the basis of an authorized Internet poker gambling game, except that pai gow and any other game in which persons other than authorized players to whom the cards in the game have been dealt, and by whom they are held and played, are permitted to bet on a game outcome or other game feature or may in any way control or influence the play of the hand, shall not be authorized, offered, or played in connection with an authorized Internet poker game. Subject to this limitation, the rules governing play in an authorized Internet poker game pursuant to this chapter shall generally be the same as if the game were lawfully played in a live poker room.
(G)An authorized Internet poker game shall not include a player-dealer position.
(H)Video games, slot machines, and other similar devices that individuals play against the house or device and win based on valuations or combinations of cards that are similar to those valuations or combinations used in live, interactive poker games, commonly known as video poker and video lottery, are not poker and are not permitted under this chapter.
(2)Other characteristics defining poker pursuant to this chapter include any of the following:
(A)Live players with equal chances of winning competing against each other over the Internet in real time and not against the house or any device.
(B)Success over time may be influenced by the skill of the player.
(C)The bets of one player may affect the decisions of another player in the game, and the decisions of one player may affect the success or failure of another.
(3)The term poker includes poker tournaments in which players pay a fee to the operator of the tournament under tournament rules approved by the applicable gaming regulatory agency.
(am)Proprietary information means all information, including, but not limited to, computer programs, databases, data, algorithms, formulae, expertise, improvements, discoveries, concepts, inventions, developments, methods, designs, analyses, drawings, techniques, strategies, new products, reports, unpublished financial statements, budgets, projections, billing practices, pricing data, contacts, client and supplier lists, business and marketing records, working papers, files, systems, plans, and all related registrations and applications, that, whether or not patentable or registerable under patent, copyright, trademark, or similar statutes, meet either of the following:
(1)The information can be protected as a trade secret under California law or any other applicable state, federal, or foreign law.
(2)The information derives independent economic value, actual or potential, from not being generally known to the public or to other persons that can obtain economic value from its disclosure or use.
(an)Proxy player means a machine, device, or agent, other than the registered player, that is used to play an authorized Internet poker game.
(ao)Registered player means a player who has registered with a licensed operator to play authorized Internet poker games on the licensed operators authorized poker Web site.
(ap)Registration information means the information provided by a person to a licensed operator in order to become a registered player.
(aq)Robotic play means the use of a machine or software to automate the next player action at any point in a game, including the use of a proxy player.
(ar)(1)Service provider means any person, other than an employee, that does any of the following:
(A)On behalf of a licensed operator, manages, administers, or controls bets on authorized Internet poker games provided over the Internet by a licensee pursuant to this chapter.
(B)On behalf of a licensed operator, manages, administers, or controls the games with which the bets described in subparagraph (A) are associated.
(C)On behalf of a licensed operator, develops, maintains, provides, or operates a gaming system.
(D)Sells, licenses, or otherwise receives compensation for selling or licensing, information on individuals in California who made bets on games over the Internet that were not authorized pursuant to this chapter.
(E)Provides any product, service, financing, or asset to a licensed operator and is paid a percentage of gaming revenue by the licensed operator, not including fees to financial institutions and payment providers for facilitating a deposit by a customer.
(F)Provides intellectual property, including trademarks, trade names, service marks, or similar intellectual property under which a licensed operator identifies its games to its customers.
(G)Receives compensation as part of an affiliate marketing program from bringing players or potential players to a licensed operators authorized poker Web site.
(2)Service provider does not include a provider of goods or services that provides similar goods or services to the public for purposes other than the operation of an authorized poker Web site, including, but not limited to, payment processors and geolocation service providers.
(as)State means the State of California.
(at)Terms of Use Registered Players Agreement means the agreement offered by a licensed operator and accepted by a registered player delineating, among other things, permissible and impermissible activities on an authorized poker Web site and the consequences of engaging in impermissible activities.
(au)Tournament means a competition approved by the commission in which registered players play a series of authorized Internet poker games to decide the winner.
(av)Tournament charge means the amount charged by the licensed operator for registered players to play in a tournament.
(aw)Tournament winnings means the amount of any prize awarded to a registered player in a tournament.
(ax)Tribal gaming regulatory authority means the gaming regulatory authority of a federally recognized California Indian tribe that has the authority to regulate gaming on the tribes Indian lands pursuant to IGRA.
(ay)Tribe means a federally recognized California Indian tribe, including, but not limited to, the governing body of that tribe or any entity that is wholly owned by the tribe.
(az)Unlawful Gambling Enforcement Fund means the fund established pursuant to Section 19990.802, the revenue of which is dedicated to enforcing the prohibitions of this chapter.
3.Intrastate Internet Poker in California19990.301.Under the federal Unlawful Internet Gambling Enforcement Act of 2006, California is permitted to authorize games played via the Internet as long as all players and the online wagering is located within the jurisdiction of the state and the games are not played by minors.
19990.302.Notwithstanding any other law, a person who is 21 years of age or older and located within California is hereby permitted to participate as a registered player in an authorized Internet poker game provided by a licensed operator on an authorized poker Web site.
19990.303.(a)A person shall not do any of the following:
(1)Offer any game of poker on the Internet in this state unless that person holds a valid license issued by the commission to offer the play of authorized Internet poker games on an authorized poker Web site pursuant to this chapter.
(2)Offer to any player located within California any game provided on the Internet that is not authorized by the state pursuant to this chapter.
(3)As a player located in this state, play any game provided on the Internet that is not authorized by the state pursuant to this chapter.
(b)Subject to an opportunity to cure pursuant to Section 19990.521, a violation of this chapter is a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
19990.304.This chapter does not limit or restrict activities or conduct permitted pursuant to Chapter 5 (commencing with Section 19800) or IGRA.
19990.305.This chapter does not authorize any game offered in Nevada or New Jersey other than poker.
19990.306.A person shall not do either of the following:
(a)Aggregate computers or any other Internet access device in a place of public accommodation within the state, including a club or other association, or a public or other setting, that can accommodate multiple players to simultaneously play an authorized Internet poker game.
(b)Promote, facilitate, or market the activity described in subdivision (a).
19990.307.This chapter does not apply to play-for-fun or play-for-free games.
4.Licensing of Operators and Service Providers19990.401.(a)(1)Within 270 days after the effective date of this chapter, the commission, and any other state agency with a duty pursuant to this chapter, shall, in consultation with the department and tribes, adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this chapter, and to facilitate the operation of authorized poker Web sites and expedite the states receipt of revenues in compliance with this chapter. The initial adoption, amendment, or repeal of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the commission and those other state agencies are hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption, amendment, or repeal of an emergency regulation pursuant to this section, the commission and those other state agencies shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code, but shall promulgate permanent regulations in accordance with all applicable law.
(2)The regulations adopted by the commission shall at a minimum address all of the following:
(A)Underage gambling and problem gambling.
(B)Resolution of player disputes and complaints.
(C)Gaming system technical standards and practices.
(D)Hardware and software standards and compliance.
(E)License and work permit issuance and processes.
(F)Suitability standards and determinations.
(G)Temporary, provisional, and emergency approvals.
(H)Effect of receiverships, bankruptcy, insolvency, inheritance, and trusts affecting ownership of a licensee.
(I)Appeals from adverse decisions.
(3)The regulations adopted by the department shall at a minimum address all of the following:
(A)Approval of an authorized Internet poker game.
(B)Authorized Internet poker game rules.
(C)Authorized Internet poker gaming activities.
(D)Registered player-assessed fees, as necessary.
(b)(1)Each state agency with a duty pursuant to this chapter shall identify a point of contact at that agency and describe the responsibility of the contact with respect to the state agencys duty.
(2)Any notice provided by a licensee to a state agency pursuant to this chapter shall be addressed to the contact identified by the state agency pursuant to paragraph (1).
(3)Unless otherwise provided by this chapter, notice by a licensee to a state agency shall be deemed effective once it is received by the agency and deemed to be complete. An application or notice is not deemed complete until all pertinent documents, information, and fees are submitted to the department.
19990.402.(a)Authorized Internet poker games may be offered only by entities licensed pursuant to this chapter. An eligible entity seeking to offer authorized Internet poker games shall apply to the department for a determination of suitability. If the department determines the applicant is suitable to receive a license, the applicant shall then apply to the commission for an operator license. The applicant shall pay an application processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
(b)Employees of the licensed operator shall undergo a suitability review and obtain work permits pursuant to Article 6 (commencing with Section 19990.601). Owners, officers, and directors of licensed operators shall also undergo a suitability review and obtain employee work permits pursuant to Article 6 (commencing with Section 19990.601). The commission may refuse to issue a license to an applicant, or suspend or revoke a license of a licensed operator, that fails to comply with this requirement.
(c)In order to ensure that licensed operators are not mere facades for unlicensed, unqualified, or undisclosed interests, an applicant for an operator license pursuant to this chapter shall provide documentation to the commission establishing that, if the license is granted, the license applicant will be able, through its own net position or through credit extended directly to the applicant, and with full recourse to it, by a federal or state chartered financial institution not involved with the core functions of the authorized poker Web site, that is entirely secured by an equivalent amount of its own net position, to pay the license deposit required by subdivision (a) of Section 19990.519. In addition, a licensed operator shall submit regular financial reports to the department establishing that the operator meets financial viability requirements, as determined by the commission. The commission may terminate a license if the operator fails to submit the required reports or meet the financial viability requirements.
(d)An applicant for an operator license pursuant to this chapter that is a tribe shall include with its license application a limited waiver of the applicants sovereign immunity. This limited waiver shall apply exclusively to the state, and no other party, solely for the limited purpose of enforcing this chapter and any regulations adopted pursuant to this chapter, and with regard to any claim, sanction, or penalty arising therefrom against the licensed operator by the state, and for no other purpose.
(e)The commission shall issue an operator license to an applicant determined by the commission to qualify as an eligible entity within 150 days of receiving an application, if the applicant has already been subjected to a determination of suitability by the department and has been approved by the department to apply to the commission for licensure. All applicants shall undergo a determination of suitability prior to applying for an eligibility determination by the commission.
(f)The state may issue operator licenses only to eligible entities identified within this chapter. Any of the eligible entities may jointly apply for an operator license, either as a consortium or by forming an entity comprised entirely of eligible entities. Each eligible entity may have an interest in only a single operator license.
(g)An operator license denoting full licensure shall be issued for a term of seven years. Subject to the power of the commission to revoke, suspend, condition, or limit any license, as provided in this chapter, a license shall be automatically renewed every seven years thereafter upon application. Failure of a licensed operator to file an application for renewal may be deemed a surrender of the license.
(h)Each initial operator license issued pursuant to this section shall take effect on the same date. That date shall be one year after the effective date of the regulations described in Section 19990.401, unless the commission determines that good cause exists for those licenses to take effect in unison on a subsequent date. Each initial operator license shall be a temporary license, and shall be issued for a term of no longer than two years. The issuance of an initial operator license does not guarantee full licensure.
(i)A licensed operator may cease its operations after providing the department with a 90-day advance notice of its intent and a statement explaining its reasons for doing so, which may include the fact that continuing to operate the authorized poker Web site is commercially infeasible. In response to that notice, the state may file an action in the Superior Court of the County of Sacramento as it deems necessary to protect any state interests, including, but not limited to, the interests of registered players.
19990.403.(a)A licensees employees in direct contact with registered players shall be physically present in the state.
(b)All primary servers, facilities, bank accounts, and accounting records of the licensee related to authorized Internet poker shall be located in the state, except for redundant servers and except as may be permitted by the commission for a service provider, if the service provider ensures access to and jurisdiction over the relevant servers, facilities, bank accounts, and accounting records.
(c)Notwithstanding subdivisions (a) and (b), a licensee may request, and the department may approve, the licensees use of personnel, servers, facilities, bank accounts, and accounting records not physically present in the state when necessary to protect registered players and state interests, for the purposes of diagnosing and addressing technological problems, investigating fraud and collusion, and developing and supervising software and configuration changes.
(d)In addition to any other confidentiality protections afforded to license applicants, the state and its agencies shall treat the proprietary information of a license applicant as confidential to protect the license applicant and to protect the security of any prospective authorized poker Web site. This chapter does not prohibit the exchange of confidential information among state agencies considering a license application. The confidentiality provisions of this chapter exempt proprietary information supplied by a license applicant to a state agency from public disclosure consistent with subdivision (b) of Section 6253 of the Government Code.
(e)A license applicant shall submit to the department, together with its application, an application processing fee as specified in subdivision (a) of Section 19990.402. All moneys collected by the state pursuant to this subdivision shall be deposited into the Internet Poker Fund.
19990.404.(a)An entity seeking to act as a service provider shall apply to the department for a determination of suitability. If the department determines the applicant is suitable to receive a license, the applicant shall then apply to the commission for a service provider license, and obtain a service provider license, before providing goods or services to a licensed operator in connection with the operation of an authorized poker Web site.
(b)The department shall review the suitability of an applicant for a service provider license. The applicant for a service provider license shall pay an application processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
(c)The department may establish a process to conduct a preliminary determination of suitability based on a partial investigation. A partial investigation is intended to screen out applicants that do not meet the suitability requirements of this chapter. A partial investigation shall include fingerprint-based state and federal criminal history checks and clearances, and inquiries into various public databases regarding credit history and any civil litigation. A partial investigation shall also include a review of the service providers financial status, which shall include the submission of a report prepared by a forensic accounting, audit, or investigative firm approved by the department, in a format developed by the department, and at the service providers expense. The report shall include the financial information necessary for the department to make a preliminary determination of suitability. The department may specify additional requirements regarding the contents of the report and any other financial information or documentation required to be submitted. A full investigation shall be conducted of only those service providers that pass the partial investigation and that will undergo a full investigation pursuant to subdivision (d). Those service providers that are awarded a preliminary determination of suitability based on a partial investigation are not guaranteed full licensure. Those service providers that do not pass the partial investigation may appeal the decision to the commission.
(d)Before the commission issues a service provider license to an applicant, the department shall conduct the full investigation required by this section of all of the following persons:
(1)All officers of the license applicant.
(2)The owner or owners of either of the following:
(A)The license applicant.
(B)Any corporate affiliate of the license applicant.
(3)Any persons otherwise providing goods to, or performing services for, the license applicant related to core functions.
(4)Any person deemed by the department to have significant influence over the license applicant or its service providers or their respective operations.
(5)In the case of a tribe or a wholly owned tribal entity that is a service provider, the investigation shall be limited to the business officers of the tribal entity that will serve as the service provider.
(e)A full investigation shall include a review and evaluation of the service providers qualifications and experience to provide the services anticipated, which shall include the required submission of a report prepared on each service provider by an outside firm contracted and supervised by the department, in a format developed by the department, and at the service providers expense. The report shall include information necessary for the department to make a determination of suitability, as specified in regulations adopted pursuant to this chapter, consisting of, but not limited to, personal history, prior activities and associations, credit history, civil litigation, past and present financial affairs and standing, and business activities, including whether the applicant or an affiliate of the applicant has a financial interest in any business or organization that is or was engaged in any form of gaming or transactions related to gaming prohibited by the law of the federal or state jurisdiction in which those activities took place. The department may specify additional requirements regarding the contents of the report and other information or documentation required to be submitted.
(f)An institutional investor holding less than 10 percent of the equity securities of a service providers holding or intermediary companies shall be granted a waiver of a determination of suitability or other requirement if all of the following apply:
(1)The securities are those of a corporation, whether publicly traded or privately held.
(2)Holdings of those securities were purchased for investment purposes only.
(3)The institutional investor annually files a certified statement with the department to the effect that it has no intention of influencing or affecting the affairs of the issuer, the licensee, or service provider, as applicable, or its holding or intermediary companies.
(4)Notwithstanding paragraph (3), the institutional investor may vote on matters submitted to the vote of the outstanding security holders after the investor has been issued a license.
(5)The certification described in paragraph (3) shall do all of the following:
(A)Include a statement that the institutional investor beneficially owns the equity securities of the corporation for investment purposes only, and in the ordinary course of business as an institutional investor, and not for the purposes of causing, directly or indirectly, the election of members of the board of directors, or effecting a change in the corporate charter, bylaws, management, policies, or operations of the corporation of any of its affiliates.
(B)Indicate any changes to the structure or operations of the institutional investor that could affect its classification as an institutional investor, as that term is listed in paragraph (8).
(C)State that the institutional investor and corporation shall maintain gaming compliance policies and procedures to implement and ensure compliance with this chapter and regulations adopted pursuant to this chapter.
(6)An institutional investor granted a waiver under this subdivision that subsequently decides to influence or affect the affairs of the issuer shall provide not less than 30 days notice of that intent and shall file with the department a request for determination of suitability before taking an action that may influence or affect the affairs of the issuer. An institutional investor shall not vote prior to being issued a license. If an institutional investor changes its investment intent, or the department finds reasonable cause to believe that the institutional investor may be found unsuitable, the institutional investor shall take no action other than divestiture with respect to its security holdings until it has complied with any requirements established by the department, which may include the execution of a trust agreement. The institutional investor and its relevant holding, related, or subsidiary companies shall immediately notify the department and, if a tribal license is involved, the tribal gaming regulatory authority, of any information about, or actions of, an institutional investor holding its equity securities when that information or action may impact upon the eligibility of the institutional investor for a waiver pursuant to paragraph (2).
(7)If at any time the department finds that an institutional investor holding a security of a licensee under this chapter has failed to comply with the terms of this chapter, or if at any time the department finds that, by reason of the extent or nature of its holdings, whether of debt or equity securities, an institutional investor is in a position to exercise such a substantial impact upon the controlling interests of a licensee that investigation and determination of suitability of the institutional investor are necessary to protect the public interest, the department may take any necessary action otherwise authorized by this chapter to protect the public interest.
(8)For purposes of this subdivision, an institutional investor includes all of the following:
(A)A retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees.
(B)An investment company registered under the federal Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).
(C)A collective investment trust organized by banks under Part 9 of the Rules of the Office of the Comptroller of the Currency (12 C.F.R. Sec. 9.1 et seq.).
(D)A closed-end investment trust.
(E)A chartered or licensed life insurance company or property and casualty insurance company.
(F)A federally or state-regulated bank, savings and loan, or other federally or state-regulated lending institution.
(G)An investment adviser registered under the federal Investment Advisers Act of 1940 (15 U.S.C. Sec. 80b-1 et seq.).
(g)An agreement between a licensed operator and a service provider that is a horse racing association operating pursuant to Chapter 4 (commencing with Section 19400) shall ensure that at least 50 percent of the gross gaming revenue that the licensed operator derives from the service provided by the service provider is paid to the service provider.
19990.405.(a)The department shall issue a finding that a license applicant is suitable to obtain a license only if, based on all of the information and documents submitted, the department is satisfied that each of the persons subject to a determination of suitability pursuant to this article is both of the following:
(1)A person of good character, honesty, and integrity, or, if an entity, in good standing in its jurisdiction of organization and in all other jurisdictions in which it is qualified, or should be qualified, to do business.
(2)A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest of the state, or to the effective regulation and control of authorized Internet poker games, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of authorized Internet poker games or in the carrying on of the business and financial arrangements incidental thereto.
(b)The department shall issue a finding that a license applicant is not suitable to obtain a license if it finds that a person subject to a determination of suitability pursuant to this article is described by any of the following:
(1)The person failed to clearly establish eligibility and qualifications in accordance with this chapter.
(2)The person failed to timely provide information, documentation, and assurances required by this chapter or requested by the department, or, with respect to a licensed applicant, failed to reveal any fact material to qualification, or supplied information that is untrue or misleading as to a material fact pertaining to the suitability criteria.
(3)The person has been convicted of a felony, including a conviction by a federal court or a court in another state or foreign jurisdiction for a crime that would constitute a felony if committed in California, except that a conviction of a felony involving the hunting or fishing rights of a tribal member while on his or her reservation shall not be included among the class of disqualifying felonies.
(4)The person has been convicted of a misdemeanor in a jurisdiction involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code. However, the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the department or affect the applicants burden.
(5)The person has associated with criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(6)The person has contemptuously defied a legislative investigative body, or other official investigative body of a state or of the United States or a foreign jurisdiction, when that body is engaged in the investigation of crimes relating to poker, official corruption related to poker activities, or criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(7)The person is less than 21 years of age.
(8)(A)The person has been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity.
(B)A licensee shall not enter into a contract or agreement with a person or entity described in subparagraph (A).
(c)License applications shall be treated as follows:
(1)The commission shall reject the license application of an applicant found to be ineligible for licensure.
(2)If denial of the application, or approval of the license with restrictions or conditions on the license, is recommended, the department shall prepare and file with the commission written reasons upon which the recommendation is based. Prior to filing its recommendation with the commission, the department shall meet with the applicant, or the applicants duly authorized representative, and inform the applicant generally of the basis for a proposed recommendation that the application be denied, restricted, or conditioned.
(3)This section does not require the department to divulge to the applicant confidential information received from a law enforcement agency or information received from a person with assurances that the information would be maintained confidential, nor to divulge any information that might reveal the identity of an informant or jeopardize the safety of a person.
(4)Denial of an application shall be without prejudice to a new and different application filed in accordance with any regulations adopted by the commission with respect to the submission of applications.
(5)An applicant may withdraw its application for a license at any time prior to final action on the application by the commission by filing a written request with the commission to withdraw the application, absent knowledge of a specific reason to suspect that the person or entity may be found unsuitable.
19990.406.(a)This chapter does not restrict the authority of a tribe that is a licensed operator or that owns a tribal enterprise that is a licensed operator to conduct suitability reviews of its service providers.
(b)This chapter also does not prohibit a tribal gaming regulatory authority from providing the results of its suitability investigations or determinations to the commission or department for its consideration in issuance of licenses pursuant to this chapter.
5.Requirements for the Operation of an Authorized Poker Web Site19990.501.(a)A licensed operator shall ensure that registered players are eligible to play authorized Internet poker games and implement appropriate data security standards to prevent access by a person whose age and location have not been verified in accordance with this chapter.
(b)A registered player shall be physically located within the State of California at the time of gambling.
(c)A registered player shall be at least 21 years of age.
(d)Each licensed operator shall do all of the following, whether directly or through the actions of its licensed service providers:
(1)Prior to registering a person as a registered player or permitting a person to play an authorized Internet poker game, the licensed operator shall verify that the person is 21 years of age or older.
(2)The licensed operator shall attempt to match the name, address, and date of birth provided by the person to information contained in records in a database of individuals who have been verified to be 21 years of age or older by reference to an appropriate database of government records.
(3)The licensed operator shall verify that the name and physical billing address on the check or credit card offered for payment by the person seeking to be a registered player matches the name and address listed in the database.
(4)If the licensed operator is unable to verify that the person is 21 years of age or older pursuant to paragraph (1), the licensed operator shall require the person to submit age-verification documents consisting of an attestation signed by the person that he or she is 21 years of age or older and a copy of a valid form of government identification. For the purposes of this section, a valid form of government identification includes a drivers license, state identification card, passport, official naturalization or immigration document, such as an alien registration receipt card or an immigrant visa, or United States military identification. The licensed operator shall verify that the physical billing address on the check or credit card provided by the person matches the address listed on his or her government identification.
(5)The licensed operator shall not permit registered players to make payments or withdrawals by money order or cash, except that a licensed operator may permit registered players to make payments or withdrawals by money order or cash in person at the land-based gaming facility operated by the licensed operator. The licensed operator shall submit information to each credit card company through which it makes credit card sales, in an appropriate form and format so that the words Internet poker or equivalent description is printed on the purchasers credit card statement with that credit card company, when a payment to a licensed operator is made by credit card and the transaction is categorized as required by law.
(e)A licensed operator is not in violation of this section if the operator complies with the requirements of paragraphs (1) and (2) of subdivision (d), and a person under 21 years of age participates in an authorized Internet poker game provided by the licensed operator.
(f)The department may assess a civil penalty against a person who violates this section, whether a licensed operator, owner, service provider, or player, according to the following schedule:
(1)Not less than one thousand dollars ($1,000), and not more than two thousand dollars ($2,000), for the first violation.
(2)Not less than two thousand five hundred dollars ($2,500), and not more than three thousand five hundred dollars ($3,500), for the second violation.
(3)Not less than four thousand dollars ($4,000), and not more than five thousand dollars ($5,000), for the third violation.
(4)Not less than five thousand five hundred dollars ($5,500), and not more than six thousand five hundred dollars ($6,500), for the fourth violation.
(5)Ten thousand dollars ($10,000) for a fifth or subsequent violation.
(g)The commission shall, by regulation, provide a process for a licensee to exclude from play any person who has filled out an online self-exclusion form.
(1)The commission shall develop an online self-exclusion form within six months of the effective date of this chapter.
(2)The commission shall deliver the form to each licensed operator.
(3)A licensed operator shall prominently display a link to the departments Responsible Gambling Internet Web page and the online self-exclusion form on the authorized poker Web site that is displayed when either of the following occurs:
(A)A person registers as a registered player.
(B)Each time a registered player accesses the authorized poker Web site prior to playing.
(4)A licensed operator shall retain the online self-exclusion form to identify persons who want to be excluded from play. A licensed operator shall exclude those persons from play.
(5)A licensed operator that has made commercially reasonable efforts to comply with this subdivision shall not be held liable in any way if a person who has filled out an online self-exclusion form plays despite that persons request to be excluded.
19990.502.A licensed operator shall offer only authorized Internet poker games and process bets in accordance with the specified game and betting rules established by the licensed operator and approved by the commission pursuant to Section 19990.503.
19990.503.(a)In order to propose a game for play, a licensed operator shall provide the department with both of the following via electronic means or via mail:
(1)Game rules and betting rules it proposes to offer to registered players.
(2)Documentation from an independent gaming test laboratory that is licensed or registered in any United States jurisdiction to test, approve, and certify the games software.
(b)A licensed operator shall not offer a game for play until the department has approved the game rules and betting rules.
19990.504.(a)A licensed operator shall ensure that games are fair.
(b)A licensed operator shall display a link on its authorized poker Web site that includes the following information for each game offered:
(1)The name of the game.
(2)Any restrictions on the play of the game.
(3)The rules of the game.
(4)All instructions on how to play.
(5)The unit and total bets permitted.
(6)Per hand charges assessed to registered players.
(7)The registered players current account balance, which shall be updated in real time.
(8)Any other information that a licensed operator or the department determines is necessary for the registered player to have in real time to compete fairly in the game.
(c)A licensed operator shall display a link on its authorized poker Web site that includes the following information for each tournament offered:
(1)Tournament rules.
(2)Tournament charge.
(3)Games offered during the tournament.
(4)Prize structure and number of registered players that will be paid.
(5)Buy-in amount, re-buy amount, and add-on amount.
(d)Data used to create game results shall be unpredictable so that it is infeasible to predict the next occurrence in a game.
(e)A licensed operator shall deploy controls and technology to minimize fraud or cheating through collusion, including external exchange of information between different players, or any other means.
(1)If a licensed operator becomes aware that fraud or cheating is taking place or has taken place, it shall take steps to stop those activities immediately and inform the department of all relevant facts.
(2)The department shall not impose a fine against a licensed operator to prevent fraud or cheating if the licensed operator can demonstrate that it acted responsibly to prevent those activities as soon as the licensed operator became aware of them.
(f)In a per hand game, if the gaming server or software does not allow a game to be completed, the game shall be void and all funds relating to the incomplete game shall be returned to the registered players account.
(g)In a tournament, if the gaming server or software does not allow the tournament to be completed, all prize money shall be distributed among players in accordance with the procedure approved by the department and published by the licensed operator prior to the commencement of the tournament.
(h)A licensed operator shall display or allow the results from any authorized Internet poker game, including the redemption of winnings from any game, to be displayed or represented only by showing the card faces of the winning hand and the dollar amount won.
(i)A licensed operator shall not do any of the following:
(1)Display or allow the outcome from any authorized Internet poker game, including the redemption of winnings from any game, to be displayed or represented in a manner that mimics a slot machine or any other casino-style games, including, but not limited to, blackjack, roulette, or craps.
(2)Use casino game graphics, themes, or titles, including, but not limited to, depictions of slot machine-style symbols, banked or banking card games, craps, roulette, keno, lotto, or bingo.
(3)Allow the use of robotic play at any time by itself, a service provider, or a player.
19990.505.(a)A licensed operator shall register players and establish registered player accounts prior to play.
(b)A person shall not participate in any game provided by a licensed operator unless the person is a registered player and holds a registered player account.
(c)A registered player account may be established in person, or by United States mail, telephone, or by any electronic means.
(d)To register and establish a registered player account to play poker with real money, a person shall provide all of the following registration information:
(1)First name and surname.
(2)Principal residence address.
(3)Telephone number.
(4)Social security number.
(5)Identification or certification to prove that person is at least 21 years of age.
(6)Valid email address.
(e)A licensed operator shall provide registered players with the means to update the registration information provided to the licensed operator, and shall require that registered players keep registration information current.
(f)This section does not prevent a licensed operator from entering into a marketing agreement with a third party, who has been determined to be suitable and licensed as a service provider, to recruit people to become registered players if the registration process described in this section is under the sole control of the licensed operator.
19990.506.(a)A licensed operator shall provide a means for registered players to put funds into a registered player account and transfer funds out of that account.
(b)A registered player shall identify the source of funds to be used to put money into the registered player account established once the registration process is complete.
(c)At the time of establishing a registered player account, a registered player shall designate the bank account into which funds from the registered players authorized poker Web site account are to be transferred.
(d)A registered player shall not establish more than one account on the same authorized poker Web site.
(e)While playing an authorized Internet poker game, the game system shall not permit a registered player to increase the amount of money that player has available at a game table while a hand is in play. Any increase to the funds available to a player during a hand shall not take effect until the following hand.
(f)A licensed operator shall maintain records on the balance of each registered players account.
(g)A licensed operator shall not permit a registered player to place a bet unless the registered players account has sufficient funds to cover the amount of the bet.
(h)A licensed operator shall not provide credit to a registered players account or act as agent for a credit provider to facilitate the provision of funds.
(i)Interest shall not be paid by a licensed operator with respect to a registered players account.
(j)A licensed operator shall segregate funds it holds in all registered player accounts from all of its other assets.
(k)A licensed operator shall not commingle funds in the segregated account containing funds paid by registered players with any other funds held by the licensed operator, including, but not limited to, operating funds of the licensed operator. Both the accounts of the licensed operator and its segregated registered player accounts shall be held in financial institutions located in the state.
(l)Funds held in a registered players account shall be used only for the following purposes:
(1)To pay per hand or tournament charges owed by a registered player to the licensed operator for play of authorized Internet poker games.
(2)To transfer funds from one registered players account to the account of another registered player to reconcile the result of a loss in the play of an authorized Internet poker game.
(3)To transfer funds from a registered players account to a temporary account to be held by a licensed operator pending the outcome of an authorized Internet poker game.
(4)To remit tax proceeds due and owing from a registered player to the Franchise Tax Board.
(5)To transfer funds from a registered players account with the licensed operator to an account specified by that registered player upon that registered players request.
19990.507.Prior to completing the registration process, a licensed operator shall explain in a conspicuous fashion to the person who is registering the privacy policies of the authorized poker Web site, and the person shall assent to the following policies:
(a)Personally identifiable information shall not be shared with any nongovernmental third parties, except as provided in Section 19990.512.
(b)All personally identifiable information about registered players shall be shared with state agencies, including, but not limited to, the department, the commission, the Franchise Tax Board, and the Department of Child Support Services as necessary to assist them in fulfilling their obligations.
(c)Personally identifiable information may be shared with governmental agencies only as set forth in subdivision (b) or subject to court order as provided in Section 19990.512.
19990.508.A licensed operator may require that a registered player, or a person registering as a player, agree to a Terms of Use Registered Players Agreement.
19990.509.A licensed operator may suspend or revoke the account of a registered player for any of the following reasons:
(a)A person or registered player provided false information to the licensed operator, including, but not limited to, in the registration process.
(b)The registered player has not updated registration information to keep it current.
(c)The registered player has violated the authorized poker Web sites Terms of Use Registered Players Agreement.
(d)The person has already been registered.
(e)The licensed operator suspects that the registered player has participated in an illegal or unauthorized activity on the authorized poker Web site.
(f)The licensed operator is directed by a state agency to suspend or revoke the registered players account.
19990.510.Upon registration, and each time a registered player logs into an authorized poker Web site, the licensed operator shall permit a registered player to adjust his or her play settings to:
(a)Set a limit on the deposits that can be made per day.
(b)Set a limit on the aggregate losses in a registered players account within a specified period of time.
(c)Set a limit on the amount of time that a registered player can play.
19990.511.A licensed operator shall offer customer support that shall be available to registered players 24 hours per day, 365 days per year.
19990.512.(a)A licensed operator shall protect the privacy of registered players and their personally identifiable information.
(b)A licensed operator shall comply with all applicable state and federal privacy and data protection laws.
(c)At the time a registered player registers with a licensed operator, and at least one time per year thereafter, a licensed operator shall provide notice in the form of a separate, written statement, delivered via the United States Postal Service or electronic mail, to the registered player that clearly and conspicuously informs the registered player of all of the following:
(1)The nature of personally identifiable information collected or to be collected with respect to the registered player and the nature of the use of that information.
(2)The nature, frequency, and purpose of any disclosure that may be made of personally identifiable information, including an identification of the types of persons to whom the disclosure may be made.
(3)The period during which personally identifiable information will be maintained by the licensed operator.
(4)The times and place at which the registered player may have access to personally identifiable information in accordance with subdivision (h).
(5)The limitations provided by this section with respect to the collection and disclosure of personally identifiable information by a licensed operator.
(d)A licensed operator shall not collect personally identifiable information concerning any registered player without the prior written or electronic consent of the registered player.
(e)A licensed operator may collect personally identifiable information in order to do both of the following:
(1)Obtain information necessary to operate the authorized poker Web site and offer authorized Internet poker games to registered players pursuant to this chapter.
(2)Detect unauthorized play, activities contrary to a licensed operators Terms of Use Registered Players Agreement, or activities contrary to state or federal law.
(f)Except as provided in subdivision (g), a licensed operator shall not disclose personally identifiable information concerning any registered player without the prior written or electronic consent of the registered player and shall take actions necessary to prevent unauthorized access to that information by a person other than the registered player or licensed operator.
(g)A licensed operator may disclose personally identifiable information if the disclosure is any of the following:
(1)Necessary to render, or conduct a legitimate business activity related to, the provision of authorized Internet poker games to the registered player by the licensed operator.
(2)Subject to subdivision (j), made pursuant to a court order authorizing the disclosure, if the registered player is notified of the order by the person to whom the order is directed.
(3)A disclosure of the names and addresses of registered players to any tournament third party, if both of the following apply:
(A)The licensed operator has provided the registered player the opportunity to prohibit or limit the disclosure.
(B)The disclosure does not reveal, directly or indirectly, the nature of any transaction made by the registered player over the authorized poker Web site.
(4)A disclosure to the commission and the department to fulfill its obligations under this chapter or to a state agency as authorized in this chapter.
(5)A disclosure to persons found suitable under this chapter if the registered player is notified and consents to the information being shared.
(h)A licensed operator shall provide a registered player with access to all personally identifiable information regarding that registered player that is collected and maintained by the licensed operator. The licensed operator shall make the information available to the registered player at reasonable times and at a place designated by the licensed operator. A licensed operator shall provide a registered player a reasonable opportunity to correct any error in the information.
(i)A licensed operator shall destroy personally identifiable information if both of the following apply:
(1)The information is no longer reasonably necessary for the purpose for which it was collected.
(2)There are no pending requests or orders for access to the information under subdivision (j).
(j)A governmental or nongovernmental third party may obtain personally identifiable information concerning a registered player pursuant to a court order only if, in the court proceeding relevant to the court order, both of the following apply:
(1)The third party offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity or otherwise relevant to a pending civil action and that the information sought would be material evidence in the case.
(2)The registered player about whom the information is requested is afforded the opportunity to appear and contest the third partys claim.
19990.513.A licensed operator shall establish a book of accounts and regularly audit all of its financial records and reports, which shall, at a minimum, include all of the following:
(a)Monthly auditable and aggregate financial statements of gambling transactions.
(b)Monthly calculation of all amounts payable to the state.
(c)The identity of registered players.
(d)The balance on each registered players account at the start of a session of play, the amount won or lost by each registered player during a game, and the balance on the registered players account.
(e)The bets placed on each game, time stamped by the games server.
(f)The result of each game, time stamped by the games server.
(g)The amount, if any, as determined by the registered player, withheld from winnings for federal or state income tax purposes.
19990.514.(a)A licensed operator shall make all financial records established and maintained pursuant to Section 19990.513, including, but not limited to, all books, records, documents, financial information, and financial reports, available on an electronic basis, as required by the commission, the department, or other state agencies so that those state agencies can fulfill their responsibilities under this chapter. A state agency may request specific printed hard copies of records for good cause.
(b)The licensed operators data shall be retained in a manner by which it may be accessed online by a state agency with responsibilities pursuant to this chapter. The commission shall identify which state agencies require online access.
(c)Notwithstanding subdivision (b), data covered by subdivisions (d), (e), and (f) of Section 19990.513 shall be accessible to the state agencies online for 180 days, and, thereafter, archived and retained for two years.
19990.515.A licensed operator shall do all of the following:
(a)Implement technical systems that materially aid the commission in the protection of registered players. Software shall meet, at a minimum, international industry standards as verified by an independent gaming test laboratory that is licensed or registered in any United States jurisdiction to test, approve, and certify the software.
(b)Define and document its methodology for developing software and applications and describe the manner in which software protects registered players from fraud and other risks in the play of authorized Internet poker games and in the management of registered player accounts.
(c)Meet minimum game server connectivity requirements to ensure that registered players are protected from losses due to connectivity problems.
(d)Ensure that all transactions involving registered players funds are recoverable by the system in the event of a failure or malfunction.
(e)Ensure that all information required for reviewing a game interrupted due to loss of connectivity is recoverable by the licensed operator.
(f)Document and implement preventive and detective controls addressing money laundering and fraud risks.
19990.516.(a)A licensed operator may charge registered players to play in authorized Internet poker games.
(b)(1)A licensed operator may charge a per hand charge if the per hand charge is designated and conspicuously posted on the licensed operators authorized poker Web site.
(2)A licensed operator may vary the per hand charges to registered players based on betting limits or other factors.
(c)(1)A licensed operator may charge a tournament charge if the tournament charge is designated and conspicuously posted on the licensed operators authorized poker Web site.
(2)A licensed operator may vary tournament charges based on tournament prizes or other factors.
(d)A licensed operator shall provide notice to the commission of the charges to registered players prior to initiating play.
19990.517.A licensed operator may do any of the following:
(a)Enter into an agreement with any third party to sponsor or underwrite prizes for a tournament, subject to the approval of the commission and, if applicable, the tribal gaming regulatory authority.
(b)Enter into an agreement to sell advertisement space on any Internet Web site it controls.
(c)Enter into an agreement with a third-party service provider for marketing, or any other purpose consistent with this chapter, including, but not limited to, displaying the name of a marketing partner on a screen viewed by a registered player.
(d)Enable a chat function between registered players if it has in place effective controls against collusion.
(e)Post Internet Web links on the Internet Web sites it controls to permit registered players to access remote Internet Web sites.
(f)Offer authorized Internet poker games on up to two authorized poker Web sites pursuant to its license.
(g)Enter into contractual agreements with one or more licensed operators for the purpose of ensuring adequate player liquidity.
19990.518.There are three categories of application fees, regulatory fees, and license deposits, as follows:
(a)Application Processing Fee. In order to cover the costs of suitability investigations and other costs of processing an application for a license or work permit, the applicant shall deposit the applicable application processing fee as provided in subdivision (a) of Section 19990.402, subdivision (e) of Section 19990.403, subdivision (b) of Section 19990.404, or Section 19990.605. Any balance of the application processing fee that remains after completion of the determination of suitability shall be refunded to the applicant. If additional moneys are needed to complete the determination of suitability of the license applicant, the applicant shall pay the funds necessary to complete the determination of suitability.
(b)One-time License Deposit. Prior to offering any games for play or accepting any bets on its authorized poker Web site, a licensed operator shall pay the one-time license deposit as provided in subdivision (a) of Section 19990.519. This deposit shall be an advance against the duty on gross gaming revenues specified in subdivision (b) of Section 19990.519.
(c)Ongoing Regulatory Fees. Following issuance of a license and beginning of operations thereunder, the licensed operator shall pay the ongoing regulatory fees set forth in subdivision (c) of Section 19990.519.
19990.519.(a)In support of the application for a license pursuant to this chapter, prior to offering games or accepting bets on its authorized poker Web site, the licensed operator shall remit to the Treasurer a one-time license deposit in the amount of ____ dollars ($____), to be deposited into the General Fund, subject to Section 19619.8, and credited against charges imposed pursuant to subdivision (b) on the licensed operators gross gaming revenues. Upon depletion of the license deposit, the department shall notify the licensed operator to commence quarterly payments to the state in accordance with subdivision (b).
(b)In consideration of the substantial value of each license, a licensed operator shall remit to the Treasurer on a quarterly basis for deposit in the General Fund, subject to Section 19619.8, an amount equal to ____ percent of its gross gaming revenues.
(1)Each quarterly payment shall be due on the 10th day of the month following the end of each quarter.
(2)A licensed operator shall make all electronic and written financial records available to the Treasurer, the commission, and the department on an electronic basis.
(c)Each licensed operator shall pay a regulatory fee, to be deposited in the Internet Poker Fund, in an amount to be determined by the commission, for the reasonable costs of license oversight, consumer protection, state regulation, problem gambling programs, and other purposes related to this chapter, determined on a pro rata basis depending on the number of licensed operators in the state.
19990.520.(a)The licensed operator shall facilitate the collection of personal income taxes from registered players by the Franchise Tax Board and shall be responsible for providing current and accurate documentation on a timely basis to all state agencies, as provided in this chapter.
(b)The state and its agencies shall treat the proprietary information provided by a licensed operator as confidential to protect the licensed operator and to protect the security of the authorized poker Web site.
(c)The confidentiality provisions of this chapter exempt proprietary information supplied by a licensee to a state agency from public disclosure consistent with subdivision (b) of Section 6253 of the Government Code.
19990.521.(a)A licensee shall act expeditiously to cure any violation of this chapter, or any regulation adopted pursuant to this chapter, in the offer or administration of authorized Internet poker games that interferes with its obligations to the state or registered players under this chapter.
(b)If a licensee becomes aware of any violation of this chapter, it shall notify the department immediately and work with the department to develop a plan to rectify the violation.
(c)If the department becomes aware of any violation of this chapter, or if it becomes aware of any activities that might lead to a violation, the department shall provide notice of that violation to the licensee and a reasonable opportunity for the licensee to cure the violation. If the violation is not timely cured, the department shall investigate the violation further and may take enforcement actions. If the commission becomes aware of any violation of this chapter, the commission shall notify the department of the violation immediately so that the department may take appropriate action pursuant to this chapter.
(d)All state agencies with responsibilities under this chapter shall report any actual or suspected violation of this chapter, or any regulation adopted pursuant to this chapter, or activities that may lead to a violation, to the department immediately so that the department can assess whether it needs to commence an investigation or enforcement action.
(e)A licensee shall be afforded a reasonable time period to cure any reported violation. During this time period, a licensee shall not be subject to prosecution for the criminal penalty described in Section 19990.303, or liable for the civil penalties described in this article.
(f)The department shall have subpoena power in an investigation of any violation of this chapter, or any regulation adopted pursuant to this chapter.
(g)The commission may revoke or suspend any license or work permit under this chapter upon reaching a finding that the licensee or employee is in violation of any provision of this chapter, or any regulation adopted pursuant to this chapter. However, a tribal licensee shall not have its license suspended or revoked, or be fined or otherwise penalized, for complying with any applicable federal law or regulation when operating an authorized poker Web site on Indian lands. To the extent that any state requirement is more stringent than any applicable federal requirement, the tribal licensee shall comply with the more stringent state requirement, unless the federal requirement preempts state law.
(h)A licensee may appeal any final decision of the department pursuant to this section to the superior court. The superior court shall hear any appeal de novo.
(i)The department shall protect the rights and assets of registered players on an authorized poker Web site if the licensed operators license pursuant to this chapter is revoked or the licensed operator becomes bankrupt.
19990.522.(a)(1)A license issued pursuant to this chapter is not transferable.
(2)If a licensed operator seeks to change the ownership of its land-based gaming facility, both of the following apply:
(A)The license held by the licensed operator under this chapter shall be rendered void upon the date of any change of ownership in the land-based gaming facility.
(B)Prior to a change in ownership, the acquiring person shall apply to become a licensed operator, at which point the commission shall determine whether the person is legally qualified to be a licensed operator under this chapter.
(b)The department shall investigate to ensure that any person acquiring an interest in a licensee is suitable, and otherwise financially, technically, and legally qualified to be a licensee pursuant to this chapter. If an acquiring person is found to be unsuitable to be a licensee, or otherwise not financially, technically, or legally qualified to be a licensee, the licensed operator or the acquiring person may challenge that determination.
19990.523.All facilities, software, including downloadable programs, and any other property, both tangible and intangible, used by the licensed operator in offering authorized Internet poker games for play on an authorized poker Web site shall be the property of the licensed operator or its licensed service providers, and shall be subject to the review of the department and the approval of the commission.
19990.524.If any dispute arises between the state and a licensee, either the commission or a licensee may file an action in the superior court of any county in which the commission has an office for an interpretation of the rights and responsibilities of the state and the licensee pursuant to this chapter.
19990.525.(a)(1)The department or commission may contract with other public or private entities, including, but not limited to, state, tribal, and international regulatory agencies, for the provision of services related to a responsibility imposed on the department or commission by this chapter if all of the following are satisfied:
(A)The contract will assist with the provision of efficient, effective, and robust regulation of intrastate Internet poker.
(B)The contract provides access to expertise that has been tested and proven in the poker industry.
(C)The department or commission retains administrative control and responsibility for ensuring compliance with this chapter.
(2)In order to expedite the implementation of intrastate Internet poker, a contract entered into pursuant to paragraph (1) is not subject to the Public Contracts Code, or otherwise applicable contracting provisions of the Government Code.
(b)A state agency with a duty pursuant to this chapter may enter into agreements to share information with other regulatory and law enforcement agencies to assist in performing the state agencys duty.
6.Employee Work Permits19990.601.(a)Except as provided in Section 19990.602, a licensee shall submit an application and applicable fees to the department and apply to the commission for an employee work permit on behalf of each employee.
(b)Prior to initiating operations and thereafter, a licensee shall ensure that every employee has been issued an employee work permit by the commission prior to that person having access to the licensees facilities. The permit shall be renewed every two years.
(c)The commission shall issue an employee work permit only if, based on all of the information and documents submitted, the commission is satisfied that the applicant is, at a minimum, all of the following:
(1)A person of good character, honesty, and integrity.
(2)A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the integrity of a gaming operation or public interest of this state, or to the effective regulation and control of controlled gambling, as defined in Section 19805, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of controlled gambling or in the carrying on of incidental business and financial arrangements.
(3)A person who is in all other respects qualified to hold an employee work permit as provided in this chapter.
(d)The commission shall not issue an employee work permit unless the applicant meets the qualification standards adopted by the commission by regulation. A tribal gaming regulatory authority may impose additional qualifications with respect to activities on Indian lands.
19990.602.(a)A tribe that is a licensed operator, or that owns a tribal enterprise that is a licensed operator, may elect to participate in the tribal gaming regulatory authority process prescribed by this section for the issuance of employee work permits. If the tribe does not elect to participate in the tribal gaming regulatory authority process as provided in this section, then the process specified in this section regarding submission and action by the tribal gaming regulatory authority on the application for employee work permit shall not apply, and the other provisions of this chapter shall instead govern.
(b)The joint state and tribal processes required pursuant to this section are intended to promote and involve joint cooperation among the tribal gaming regulatory authority, the commission, and the department.
(c)The tribal employee work permit process shall be as follows:
(1)All applications for employee work permits first shall be filed with the tribal gaming regulatory authority, which shall promptly file a copy of the application with the commission, together with information regarding the filing date and the payment of fees and deposits. The application shall be accompanied by the fees required in Section 19990.605, except those fees shall be deposited into a tribal account created for the purpose of holding the deposited funds and using them for the costs of the suitability review and the issuance of the license.
(2)In reviewing an application for a work permit, the tribal gaming regulatory authority shall determine whether issuance of the employee work permit would meet the suitability standards set forth in this chapter. The tribal gaming regulatory authority shall not issue a permit unless, based on all information and documents submitted, the tribal gaming regulatory authority determines that the applicant meets all of the criteria set forth in this chapter for the issuance of the employee work permit.
(3)The tribal gaming regulatory authority shall conduct, or cause to be conducted, all necessary determinations of suitability reasonably required to determine that the applicant is qualified for an employee work permit under the standards set forth in this chapter for the issuance of the employee work permit.
(4)In lieu of completing its own determination of suitability, and to the extent that doing so does not conflict with or violate this chapter, the tribal gaming regulatory authority may contract with the department for the conduct of determinations of suitability, may rely on a state certification of nonobjection previously issued under a gaming compact involving another tribe, or may rely on a state gaming license previously issued to the applicant, to fulfill some or all of the tribal gaming regulatory authoritys determination of suitability obligation. An applicant for a tribal employee work permit shall provide releases to make background information regarding the applicant available to the tribal gaming regulatory authority, the department, and the commission.
(5)Upon completion of the necessary determination of suitability, the tribal gaming regulatory authority may issue a finding that the person or entity is eligible for an employee work permit on a conditional or unconditional basis. This section does not create a property or other right of an applicant in an opportunity to be permitted, or in a permit itself, both of which shall be considered privileges granted to the applicant in the sole discretion of the tribal gaming regulatory authority.
(6)Upon receipt of a completed license application and a determination by the tribal gaming regulatory authority that the applicant is eligible and suitable for the employee work permit, the tribal gaming regulatory authority shall transmit to the commission a notice of intent to issue a permit to the applicant. The tribal gaming regulatory authority shall not issue an employee work permit until the process required by paragraph (7) is complete.
(7)After receipt of the tribal gaming regulatory authoritys notice pursuant to paragraph (6), and upon completion of the necessary determination of suitability, the commission shall issue a notice to the tribal gaming regulatory authority stating its finding that the applicant is suitable or is not suitable for the requested permit. The commission may charge an additional application processing fee pursuant to Section 19990.605 to cover the reasonable costs of conducting its verification of suitability.
(A)If the commission notices a finding that the applicant is suitable, the tribal gaming regulatory agency shall issue an employee work permit to the applicant. The permit shall be effective pursuant to this chapter as though issued by the commission.
(B)If the commission notices a finding that the applicant is not suitable, the tribal gaming regulatory authority shall not issue the requested permit. Prior to denying an application for a determination of suitability, the commission shall notify the tribal gaming regulatory authority and afford the tribe an opportunity to be heard. If the commission denies an application for a determination of suitability, the commission shall provide the applicant with written notice of all appeal rights available under state law.
(C)Upon receipt of notice that the commission or department, collectively or individually, or the tribal gaming regulatory authority has determined that a person would be unsuitable in a similar application filed in connection with a nontribal operation, the tribal gaming regulatory authority shall not issue the requested permit or, if that notice is received after issuance of the permit, promptly revoke that permit. However, the tribal gaming regulatory authority may, in its discretion, reissue a permit to the person following entry of a final judgment reversing the determination of the commission and department in a proceeding in state court conducted pursuant to Section 1085 of the Code of Civil Procedure.
(8)A tribal permit application submitted pursuant to this section may be denied, and any permit issued may be revoked, if the tribal gaming regulatory authority determines that the application is incomplete or deficient, or if the applicant is determined to be unsuitable or otherwise unqualified for a permit. Pending consideration of revocation, the tribal gaming regulatory authority may suspend a permit. All rights to notice and hearing shall be governed by the rules of the tribal gaming regulatory authority, which shall meet minimum requirements to be developed among the tribes, the commission, and the department, and as to which the applicant shall be notified in writing, along with notice of an intent to suspend or revoke the permit.
(9)The tribal gaming regulatory authority may summarily suspend an employee work permit issued pursuant to this section if the tribal gaming regulatory authority determines that the continued permitting of the person or entity could constitute a threat to the public health or safety or may violate this chapter.
(d)The commission and tribal gaming regulatory authorities conducting suitability reviews pursuant to this section shall cooperate in sharing as much background information as possible in order to maximize investigative efficiency and thoroughness, to minimize investigative costs, and to expedite the permitting process.
(e)The commission and the tribes that have elected to conduct suitability reviews pursuant to this section shall cooperate in developing standard forms for tribal gaming employee work permit applicants, on a statewide basis, that reduce or eliminate duplicative or excessive paperwork, and that take into account the requirements of this chapter and the expense of compliance with those requirements.
19990.603.An applicant for an employee work permit is disqualified if the applicant is described by any of the following:
(a)The applicant failed to clearly establish eligibility and qualifications in accordance with this chapter.
(b)The applicant failed to timely provide information, documentation, and assurances required by this chapter or requested by any state official, or, with respect to a licensed applicant, failed to reveal any fact material to qualification, or supplied information that is untrue or misleading as to a material fact pertaining to the suitability criteria.
(c)The applicant has been convicted of a felony, including a conviction by a federal court or a court in another state or foreign jurisdiction for a crime that would constitute a felony if committed in California, except that a conviction of a felony involving the hunting or fishing rights of a tribal member while on his or her reservation shall not be included among the class of disqualifying felonies.
(d)The applicant has been convicted of a misdemeanor in a jurisdiction involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code. However, the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the department or affect the applicants burden.
(e)The applicant has associated with criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(f)The applicant has contemptuously defied a legislative investigative body, or other official investigative body of a state or of the United States or a foreign jurisdiction, when that body is engaged in the investigation of crimes relating to poker, official corruption related to poker activities, or criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code.
(g)The applicant is less than 21 years of age.
(h)The applicant has been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity.
19990.604.(a)If a licensed operator has any owners, officers, or directors who are not employees, it shall ensure that each of those persons obtains an employee work permit before having any role or decisionmaking authority regarding the licensed operators gaming operations.
(b)If the licensed operator is a tribal enterprise controlled by an independent board of directors, the officers, directors, and employees of that tribal enterprise are subject to suitability review pursuant to this section. This section does not require that an officer, director, employee, or member of the tribe that owns the tribal enterprise be subject to suitability review if that individual is not also an officer, director, employee, or member of the tribal enterprise or a person who controls the core functions of the tribal enterprise.
19990.605.The commission, the department, and, if applicable, the tribal gaming regulatory authority, shall establish application processing fees to be paid by a licensee for the reasonable cost of determinations of suitability for, and issuance of, employee work permit applications. The commission shall establish processes for the revocation or suspension of an employee work permit, and to withdraw an application for an employee work permit.
19990.606.A licensed operator or service provider shall not enter into, without prior approval of the commission, a contract or agreement with either of the following:
(a)A person who is denied a gambling license or employee work permit pursuant to Chapter 5 (commencing with Section 19800), or whose gambling license or employee work permit is suspended or revoked.
(b)Any business enterprise under the control of a person described in subdivision (a), after the date of receipt of notice of the action.
19990.607.(a)(1)A licensed operator or service provider shall not employ, without prior approval of the commission, a person in any capacity for which he or she is required to have an employee work permit, if the person has been denied a gambling license or an employee work permit pursuant to Chapter 5 (commencing with Section 19800), or if his or her gambling license or employee work permit has been suspended or revoked after the date of receipt of notice of the action by the commission or tribal gaming regulatory authority.
(2)A licensed operator or service provider shall not enter into a contract or agreement with a person whose application for a gambling license or an employee work permit has been withdrawn with prejudice, or with a business enterprise under the control of that person, for the period of time during which the person is prohibited from filing a new application for a gambling license or an employee work permit.
(b)(1)If an employee who is required to hold an employee work permit pursuant to this chapter is denied an employee work permit, or has his or her employee work permit revoked, the employee shall be terminated immediately in all capacities. Upon notifying the licensee of the denial or revocation, the employee shall have no further involvement in the gambling operation.
(2)If an employee who is required to hold an employee work permit pursuant to this chapter has his or her employee work permit suspended, the employee shall be suspended in all capacities. Upon notifying the licensee of the suspension, the employee shall not be permitted to have any involvement in the gambling operation during the period of suspension.
(3)A licensed operator or service provider shall not designate another employee to replace the employee whose employment was terminated or suspended, unless the other employee has an existing work permit.
(c)A licensed operator or service provider shall not pay to a person whose employment has been terminated or suspended as described in subdivision (b) any remuneration for any service performed in any capacity in which the person is required to hold an employee work permit, except for amounts due for services rendered before the date of receipt of the notice.
(d)Except as provided in subdivision (b), a contract or agreement for the provision of services or property to a licensed operator or service provider or for the conduct of any activity pertaining to the operation of an authorized poker Web site, that is to be performed by a person required by this chapter, or by regulation, to hold an employee work permit, shall be terminated upon a suspension or revocation of the persons employee work permit.
(e)If a contract or agreement for the provision of services or property to a licensed operator or service provider, or for the conduct of any activity at an authorized poker Web site, is to be performed by a person required by this chapter or by regulations adopted pursuant to this chapter, to hold an employee work permit, the contract or agreement shall be deemed to include a provision for its termination without liability on the part of the licensed operator or service provider upon a suspension or revocation of the persons employee work permit. In any action brought by the commission to terminate a contract or agreement pursuant to subdivision (d) or this subdivision, it is not a defense that the contract or agreement does not expressly include the provision described in this subdivision, and the lack of express inclusion of the provision in the contract or agreement is not a basis for enforcement of the contract or agreement by a party to the contract or agreement.
7.Protection of Registered Players19990.701.A licensed operator shall use its best efforts to protect registered players. Subject to the approval of the department, and consistent with uniform standards established by the department by regulation, each licensed operator shall establish administrative procedures to resolve registered player complaints.
19990.702.(a)If a registered player has a complaint against a licensed operator, the exclusive remedy shall be to register the complaint with the department.
(b)The department shall establish regulations with respect to registered player complaints.
(c)Under the regulations, the department shall do all of the following:
(1)Investigate registered player complaints to determine if a licensed operator has failed to meet its obligations to a registered player.
(2)Attempt to resolve complaints by registered players if a licensed operator fails to meet an obligation to a registered player.
(3)Initiate enforcement actions to require specific performance of any obligation that the department has determined a licensed operator has failed to fulfill with respect to a registered player.
(d)A licensed operator may appeal any action by the department pursuant to this article to the superior court, which shall review the appeal de novo.
8.Financial Provisions for State Regulation and Unlawful Gambling Enforcement19990.801.The Treasurer shall transfer all amounts received pursuant to subdivision (a) of Section 19990.402, subdivision (e) of Section 19990.403, subdivision (b) of Section 19990.404, subdivision (c) of Section 19990.519, and Section 19990.605 to the Controller for deposit in the Internet Poker Fund, which is created in the State Treasury, to be administered by the department. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the department and the commission, without regard to fiscal years, in the amounts necessary for the department and the commission to perform their duties under this chapter.
19990.802.(a)The Unlawful Gambling Enforcement Fund is hereby established within the General Fund for purposes of ensuring adequate resources for law enforcement charged with enforcing the prohibitions and protections of this chapter. The Unlawful Gambling Enforcement Fund shall be funded by depositing:
(1)____ percent of the revenue from the civil penalties recovered by law enforcement authorities pursuant to Section 19990.803 into the fund prior to the distribution required under subdivision (c) of Section 19990.803.
(2)All amounts or property recovered pursuant to Section 19990.804.
(3)____ percent of the duties paid by licensed operators pursuant to subdivision (b) of Section 19990.519, after any distribution required by Section 19619.8.
(4)The revenue from the civil penalties recovered pursuant to subdivision (f) of Section 19990.501.
(b)Up to ____ million dollars ($____) in the fund may be expended annually by the Attorney General, upon appropriation by the Legislature, for the purposes of this chapter.
19990.803.(a)Except as provided in subdivision (f) of Section 19990.501, a person who engages or conspires to engage in activities prohibited by this chapter, or in connection with the use of an Internet access device, activities prohibited by Section 321, 322, 323, 324, 326, 330, 330a, 330b, 330c, 330.1, 330.4, or 331 of the Penal Code, is liable for a civil penalty not to exceed ____ dollars ($____) for each violation, in addition to any other penalty or remedy that may be imposed by law, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, a county counsel authorized by agreement with the district attorney in an action involving the violation of a county ordinance, the city attorney of a city having a population in excess of 750,000 persons, the city attorney of a city and county, or, with the consent of the district attorney, the city prosecutor in a city with a full-time city prosecutor, in a court of competent jurisdiction.
(b)In determining the amount of the civil penalty described in subdivision (a), the court shall consider any relevant circumstance presented by a party to the case, including, but not limited to, any of the following:
(1)The nature and seriousness of the misconduct.
(2)The number of violations.
(3)The persistence of the misconduct.
(4)The length of time over which the misconduct occurred.
(5)The willfulness of the defendants misconduct.
(6)The defendants assets, liabilities, and net worth.
(c)(1)Subject to paragraph (1) of subdivision (a) of Section 19990.802, civil penalties recovered by law enforcement authorities pursuant to this section shall be allocated as follows:
(A)If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered for deposit into that countys general fund, and one-half to the Treasurer for deposit into the Unlawful Gambling Enforcement Fund.
(B)If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered for deposit into that countys general fund.
(C)If the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered for deposit into that citys general fund, and one-half to the treasurer of the county in which judgment was entered for deposit into that countys general fund. If the action is brought by the city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered.
(2)The revenue from all civil penalties allocated to the Unlawful Gambling Enforcement Fund pursuant to subparagraph (A) of paragraph (1), upon appropriation by the Legislature, shall be used by the Attorney General exclusively to support the investigation and enforcement of violations of Californias gambling laws, including the implementation of judgments obtained from prosecution and investigation of those violations and violations of, in connection with the use of an Internet access device, Sections 321, 322, 323, 324, 326, 330, 330a, 330b, 330c, 330.1, 330.4, and 331 of the Penal Code, and other activities that are in furtherance of this chapter.
(3)The revenue from all civil penalties allocated to the treasurer of the county, city, or city and county in which the judgment was entered pursuant to subparagraphs (A), (B), and (C) of paragraph (1) shall be for the exclusive use of the district attorney, the county counsel, the city attorney, or the city prosecutor, whichever is applicable, for the enforcement of this chapter and existing laws prohibiting illegal gambling activity.
19990.804.(a)Any money, other representative of value, or real or personal property used in, or derived from, the play of a game provided on the Internet that is not authorized by the state pursuant to this chapter is subject to seizure by the department or by a peace officer.
(b)Upon a finding by a court that the money, other representative of value, or real or personal property was used in, or derived from, the play of a game provided on the Internet that is not authorized by the state pursuant to this chapter, that money or property shall be forfeited to the Unlawful Gambling Enforcement Fund established in Section 19990.802.
9.Preemption of Local Regulation19990.901.A city, county, or city and county shall not regulate, tax, or enter into a contract with respect to any matter related to this chapter. This section does not prohibit or limit the investigation and prosecution of any violation of this chapter.
10.Reports to the Legislature19990.1001.Notwithstanding Section 10231.5 of the Government Code, within one year of the operative date of this chapter, and annually thereafter, the commission, in consultation with the department, the Treasurer, and the Franchise Tax Board, shall issue a report to the Legislature describing the states efforts to meet the policy goals articulated in this chapter. The report shall be submitted in compliance with Section 9795 of the Government Code.
19990.1002.(a)At least four years after the issue date of any license pursuant to this chapter, but no later than five years after that date, the Bureau of State Audits shall issue a report to the Legislature detailing the implementation of this chapter.
(b)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
11.Partial Severability and Repeal of Chapter19990.1101.(a)Except as provided in subdivision (b), the provisions of this chapter are severable. If any provision of this chapter, other than those listed in subdivision (b), or its application, is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(b)(1)The following provisions of this chapter are not severable:
(A)Establishing poker as the only permissible Internet gambling game.
(B)Prohibiting persons or entities who have been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity, from being licensed under this chapter.
(C)Limiting the entities that are eligible for an operator license.
(2)If any of the provisions identified in paragraph (1), or application of those provisions to any person or circumstances, is held invalid, the entire chapter shall be invalid.
19990.1102.This chapter shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.
SEC. 3.The Legislature finds and declares that Chapter 5.2 (commencing with Section 19990.101) of Division 8 of the Business and Professions Code, as added by Section 1 of this act, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The limitations on the peoples right of access set forth in this act are necessary to protect the privacy and integrity of information submitted by registered players as well as the proprietary information of the license applicants and licensees.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 5.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the interests of Californians who play online gambling games and to ensure that people play fair games, that the state realizes the revenues, and that suitable persons operate authorized poker Web sites, it is necessary that this act take effect immediately.
|
Date
|
Status
|
|---|---|
| Feb 19, 2016 | Introduced. To print. |
| Feb 21, 2016 | From printer. May be heard in committee March 22. |
| Feb 22, 2016 | Read first time. |
| Mar 14, 2016 | Referred to Com. on G.O. |
| Apr 20, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended. |
| Apr 21, 2016 | Re-referred to Com. on G.O. |
| Apr 28, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (April 27). Re-referred to Com. on APPR. |
| May 18, 2016 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 9, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| Jun 13, 2016 | Re-referred to Com. on APPR. |
| Jun 15, 2016 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Jun 23, 2016 | From committee: Amend, and do pass as amended. (Ayes 14. Noes 1.) (June 22). |
| Jun 27, 2016 | Read second time and amended. Ordered returned to second reading. |
| Jun 28, 2016 | Read second time. Ordered to third reading. |
| Aug 18, 2016 | Read third time and amended. Ordered to third reading. |
| Aug 18, 2016 | Read third time and amended. Ordered to third reading. (Page 5907.) |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 22, 2016 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 27, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Amaya Inc. | ** Support | Aug 18, 2016 |
| Aqua Caliente Bandiquois Indians | * Against Unless Amend | Jun 22, 2016 |
| Barona Band Of Mission Indians | * Against | Jun 22, 2016 |
| Bean 101 | * Support | Jun 22, 2016 |
| Bicycle Casino, The | ** Support | Aug 18, 2016 |
| Bureau of Gambling Control | * Indeterminate | Apr 27, 2016 |
| California Authority Of Racing Fairs | ** Support | Aug 18, 2016 |
| California Coalition Against Gambling Expansion | * Against | Apr 27, 2016 |
| California Fairs Alliance | * Support | Jun 15, 2016 |
| California Grand Casino | * Support | Jun 15, 2016 |
| California Labor Federation, Afl-Cio | * Support | Jun 22, 2016 |
| California Nations Indian Gaming Association | * Support | Apr 27, 2016 |
| California Teamsters Public Affairs Council | ** Support | Aug 18, 2016 |
| California Thoroughbred Breeders Association | ** Support | Aug 18, 2016 |
| California Thoroughbred Trainers (Ctt) | * Support | Jun 22, 2016 |
| Churchill Downs Incorporated | * Support | Jun 22, 2016 |
| Citrus Heights, City Of | * Support | Apr 27, 2016 |
| City Of Inglewood | * Support | Apr 27, 2016 |
| Coalition to Stop Internet Gambling | ** Against | Aug 18, 2016 |
| Coalition to Stop Internet Gaming | * Against | Jun 22, 2016 |
| Commerce Casino | ** Support | Aug 18, 2016 |
| Commerce, City Of | * Support | Apr 27, 2016 |
| Communities For California Cardrooms | * Support | Jun 15, 2016 |
| Community Eastford California Card Room | * Support | Jun 22, 2016 |
| Del Mar Racetrack | * Support | Jun 15, 2016 |
| Del Mar Thoroughbred Club | ** Support | Aug 18, 2016 |
| Hawaiian Gardens Casino | ** Support | Aug 18, 2016 |
| Hawaiian Gardens, City Of | * Support | Apr 27, 2016 |
| Jockeys' Guild, Inc. | * Support | Jun 15, 2016 |
| Lake Elsinore Casino | ** Support | Aug 18, 2016 |
| Local 280 | * Support | Apr 27, 2016 |
| Local 280 Paramutual Guild | * Support | Apr 27, 2016 |
| Los Alamitos Racing Association | ** Support | Aug 18, 2016 |
| Lytton Rancheria | * Against | Jun 22, 2016 |
| Morongo Band Of Mission Indians | ** Support | Aug 18, 2016 |
| Napa Valley Casino | ** Support | Aug 18, 2016 |
| Ocean'S Eleven Casino | * Support | Jun 22, 2016 |
| Office of Legislative Affairs for the Attorney General | * Indeterminate | Apr 27, 2016 |
| Pala Band Of Mission Indians | ** Support | Aug 18, 2016 |
| Pechanga Band of Luiseno Indians | * Against | Jun 22, 2016 |
| Poker Players Alliance | ** Support | Aug 18, 2016 |
| PokerStars | ** Support | Aug 18, 2016 |
| Rincon Band of Luisexf1o Indians | ** Support | Aug 18, 2016 |
| Ring Fund Band | * Support | Jun 22, 2016 |
| San Manuel Band Of Mission Indians | ** Support | Aug 18, 2016 |
| SEIU Local 280 | * Support | Jun 15, 2016 |
| SIU | * Support | Jun 22, 2016 |
| Squam Band Indians | * Support | Apr 27, 2016 |
| Stones Gambling Hall | ** Support | Aug 18, 2016 |
| Sycuan Band Of The Kumeyaay Nation | * For If Amend | Jun 15, 2016 |
| Tabel Mountain Rancheria | * Against Unless Amend | Jun 22, 2016 |
| Table Mountain Rancheria | * Against | Jun 15, 2016 |
| Thoroughbred Owners Of California | ** Support | Aug 18, 2016 |
| United Auburn Indian Community | ** Support | Aug 18, 2016 |
| Viejas Band of Kumeyaay Indians | * Against Unless Amend | Jun 22, 2016 |
| Western Fairs Association | * Support | Jun 15, 2016 |
| Yocha Dehe Wintun Nation | * Against | Jun 22, 2016 |
ASSEMBLY THIRD READING
ATR Bill Id:AB 2863
Author:(Gray)
As Amended Ver:August 18, 2016
2/3 vote. Urgency
Committee | Votes | Ayes | Noes |
Governmental Organization | 19-0 | Gray, Bigelow, Alejo, Bonta, Campos, Cooley, Cooper, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Roger Hernández, Jones-Sawyer, Levine, Linder, Maienschein, Salas, Steinorth, Wilk | |
Appropriations | 14-1 | Gonzalez, Bigelow, Bloom, Bonilla, Bonta, Calderon, Daly, Gallagher, Eduardo Garcia, Roger Hernández, Holden, Obernolte, Quirk, Wood | Jones |
SUMMARY: This bill, which would be known as the Internet Poker Consumer Protection Act of 2016 (Act), would establish a framework to authorize intrastate Internet poker in California, as specified. Specifically, this bill:
- Establishes the Internet Poker Consumer Protection Act of 2016 (Act) and authorizes the California Gambling Control Commission (CGCC) and the Department of Justice (DOJ) to license and regulate internet poker.
- Defines the types of entities eligible to get an operator's license, including that the operator must be either a cardroom or a federally recognized California Indian tribe meeting certain criteria.
- Provides an entity, as defined above, shall have operated its land-based gaming facility for at least three immediately preceding its application to secure a license to operate an Internet poker Web site pursuant to this Act, and shall be in good standing during that time period with the applicable federal, state, and tribal regulatory authorities.
- Allows a person who is 21 years of age or older and located within California to participate as a registered player in an authorized Internet poker game provided by a licensed operator on an authorized poker Web site.
- Provides the bill does not authorize any game offered in Nevada or New Jersey other than poker. Provides an authorized Internet poker game shall not include any feature that uses an element of chance to determine the amount or availability of any prize, payment, or award.
- Requires CGCC, in consultation with DOJ, to adopt regulations within 270 days after the effective date of the Act, as defined.
- An eligible entity seeking to offer authorized Internet poker games shall apply to DOJ for a determination of suitability. If DOJ determines the applicant is suitable to receive a license, the applicant shall then apply to CGCC for an operator license. The applicant shall pay an application-processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
- Provides that an operator license denoting full licensure shall be issued for a term of seven years. Each initial operator license issued pursuant to this legislation shall take effect on the same date. A licensee's employees in direct contact with registered players shall be physically present in the state. All primary servers, facilities, bank accounts, and accounting records of the licensee related to authorize Internet poker shall be located in the state, except as defined.
- Provides after receipt of the tribal gaming regulatory authority's notice, as specified, and upon completion of the necessary review, the CGCC shall issue a notice to the tribal gaming regulatory authority stating its finding that the applicant is suitable or is not suitable for the requested permit. The CGCC shall defer to the tribal gaming regulatory authority's determination unless it concludes that the determination was clearly erroneous.
- Provides an applicant for a service provider license that is found unsuitable as a covered person shall not be eligible to be found suitable for a license until January 1, 2022.
- During the waiting period, as described, an applicant or person shall not use any covered asset in this state, as described.
- A covered person shall not be found suitable for licensure unless that covered person expressly submits to the jurisdiction of the United States and of each state in which patrons of interactive gaming operated by that covered person after December 31, 2006, were located and agrees to waive any statutes of limitation, equitable remedies, or laches that otherwise would preclude prosecution for a violation of any federal law or the law of any state in connection with that operation of interactive gaming after that date.
- Provides the applicant or any person employed or affiliated with the applicant is a covered person.
- Defines "Covered asset" as any tangible or intangible asset specifically designed for use in, and used in connection with, the operation of an interactive gaming facility that, after December 31, 2006, knowingly and intentionally operated interactive gaming that involved patrons located in the United States, unless and to the extent such activity was licensed at all times by a state or the Federal Government, including, without limitation:
- Any trademark, trade name, service mark or similar intellectual property under which an interactive gaming facility was identified to the patrons of the interactive gaming facility;
- Any information regarding persons via a database, customer list or any derivative of a database or customer list; and
- Any software or hardware relating to the management, administration, development, testing or control of an interactive gaming facility.
- Defines "Covered person" as any person who:
- Has at any time owned, in whole or in significant part, an interactive gaming facility or an entity operating an interactive gaming facility that after December 31, 2006, knowingly and intentionally operated interactive gaming that involved patrons located in the United States, unless and to the extent such activity was licensed at all times by a state or the Federal Government;
- After December 31, 2006, acted, or proposed to act, on behalf of a person, as described, and knowingly and intentionally provided, or proposed to provide, to such person any services as an interactive gaming service provider, with knowledge that the interactive gaming facility's operation of interactive gaming involved patrons located in the United States; or
- Purchased or acquired, directly or indirectly:
- In whole or in significant part, a person described in subparagraph a) or b); or
- Any covered assets, in whole or in part, of such person.
- Provides that there is a rebuttable presumption that an application for a service provider license is unsuitable if either of the following:
- The applicant or any person employed or affiliated with the applicant is a covered person.
- The applicant owns, leases, operates, or in any manner utilizes covered assets, where purchased or otherwise acquired directly or indirectly.
Provides an applicant may rebut the presumption stated-above by proving to DOJ, by a preponderance of the evidence, any of the following:
- The acceptance of the bet or wager, the engagement in the transaction, or the facilitation of the wager or financial transaction was not knowing or intentional.
- The bet or wager was accepted, or the transaction was engaged in, notwithstanding reasonable efforts by the applicant, or its corporate or marketing affiliate, to exclude bets or wagers from the person
- Defines "Interactive gaming" as the conduct of gambling games through the use of communications technology that allows a person, utilizing money, checks, electronic checks, electronic transfers of money, credit cards, debit cards or any other instrumentality, to transmit to a computer information to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information, as described.
- Defines "Interactive service provider" as a person who acts on behalf of an establishment licensed to operate interactive gaming and:
- Manages, administers or controls wagers that are initiated, received or made on an interactive gaming system;
- Manages, administers or controls the games with which wagers that are initiated, received or made on an interactive gaming system are associated;
- Maintains or operates the software or hardware of an interactive gaming system; or
- Provides products, services, information or assets to an establishment licensed to operate interactive gaming and receives therefor a percentage of gaming revenue from the establishment's interactive gaming system.
- Defines "Significant part" with respect to ownership, purchase or acquisition of an entity, interactive gaming facility or person, holding 5% or more of the entity, interactive gaming facility or person, or any amount of ownership that provides control over the entity, interactive gaming facility or person.
- Provides an entity seeking to act as a service provider shall apply to DOJ for a determination of suitability. If DOJ determines the applicant is suitable to receive a license, the applicant shall then apply to CGCC for a service provider license, and obtain a service provider license, before providing goods or services to a licensed operator in connection with the operation of an authorized poker Web site. The applicant shall pay an application processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license. DOJ may establish a process to conduct a preliminary determination of suitability based on a partial investigation.
- Provides before CGCC issues a service provider license to an applicant, DOJ shall conduct the full investigation of the following persons: (1) All officers of the license applicant; (2) The owner or owners of either of the following: (a) The license applicant and (b) Any corporate affiliate of the license applicant. (3) Any persons otherwise providing goods to, or performing services for, the license applicant related to core functions; (4) Any person deemed by DOJ to have significant influence over the license applicant or its service providers or their respective operations; and (5) In the case of a tribe or a wholly owned tribal entity that is a service provider, the investigation shall be limited to the business officers of the tribal entity that will serve as the service provider.
- Provides a person seeking to act as a marketing affiliate shall apply to the CGCC for a marketing affiliate license or registration, and obtain a marketing affiliate license or registration before providing the services of a marketing affiliate to a licensed operator in connection with the operation of an authorized poker Web site, as described. States a "Marketing affiliate" means either of the following: a) A person other than a licensed operator or service provider who, for a fee or other consideration, provides or refers players to a licensed operator's authorized poker Web site; and b) A sub-affiliate of a person, as described, who, for a fee or other consideration, provides or refers players to a licensed operator's authorized poker Web site.
- States employees of the licensed operator or service provider shall undergo a suitability review and obtain work permits, as specified. Owners, officers, and directors of licensed operators shall also undergo a suitability review and obtain employee work permits, as defined. CGCC may refuse to issue a license to an applicant, or suspend or revoke a license of a licensed operator that fails to comply with this requirement.
- Provides a licensed operator shall ensure that registered players are eligible to play authorized Internet poker games and implement appropriate data security standards to prevent access by a person whose age and location have not been verified, as specified. A registered player shall be physically located within the State of California at the time of gambling. Provides DOJ may assess a civil penalty against a person who violates this provision, whether a licensed operator, owner, service provider, or player, as specified.
- Provides all personally identifiable information about registered players shall be shared with state agencies, including, but not limited to, DOJ, CGCC, the Franchise Tax Board, and the Department of Child Support Services as necessary to assist them in fulfilling their obligations, as specified.
- Provides a licensed operator shall establish a book of accounts and regularly audit all of its financial records and reports, as specified.
- States a licensed operator may charge registered players to play in authorized Internet poker games, as defined.
- Provides an authorized Internet poker game shall not include any feature that uses an element of chance to determine the amount or availability of any prize, payment, or award.
- Provides a licensed operator shall remit to the Treasurer a one-time license deposit in the amount of $12,500,000, to be deposited into the General Fund, as specified. Specifies that $6,250,000 of the one-time license deposit shall be credited against the duty imposed the licensed operator's gross gaming revenues, as described. Upon depletion of the credit amount, CGCC shall notify the licensed operator to commence with the annual payments to the state, as defined.
- States each licensed operator shall pay an annual regulatory fee, to be deposited in the Internet Poker Fund, in an amount to be determined by the CGCC, for the reasonable costs of license oversight, consumer protection, state regulation, problem gambling programs, and other purposes related to this chapter, determined on a pro rata basis depending on the number of licensed operators in the state.
- Requires each licensed operator to remit to the Treasurer on a quarterly basis for deposit, as specified, an amount equal to 10% of its gross gaming revenue, as specified.
- Provides moneys collected each fiscal year, as defined, shall be deposited as follows:
- Eighty-five percent, in an amount not to exceed $57,000,000, in the California Horse Racing Internet Poker Account, which is hereby created in the General Fund. Funds shall be annually distributed as follows:
- One and three-twentieths percent to the defined contribution retirement plan for California-licensed jockeys, as specified.
- One and three-twentieths percent to provide health and welfare benefits for California-licensed jockeys, former California-licensed jockeys, and their dependents, as defined.
- Two and three-tenths percent to supplement the pension plan for pari-mutuel employees administered on behalf of the labor organization that has historically represented the employees who accept or process any form of wagering at the horse racing meetings and for other entities licensed to conduct wagering on horse races in California, as specified.
- Ninety-five and four-tenths percent to racing associations or fairs as commissions, to horsemen participating in the racing meeting in the form of purses, and as incentive awards, as specified.
- Five percent, in an amount not to exceed $3,000,000, to the State Treasury to the credit of the Fair and Exposition Fund, for use at Class I to IV+ fairs, inclusive, as defined.
- Eighty-five percent, in an amount not to exceed $57,000,000, in the California Horse Racing Internet Poker Account, which is hereby created in the General Fund. Funds shall be annually distributed as follows:
- Provides the licensed operator shall facilitate the collection of personal income taxes from registered players by the Franchise Tax Board and shall be responsible for providing current and accurate documentation on a timely basis to all state agencies, as provided.
- Provides DOJ or CGCC may contract with other public or private entities, including, but not limited to, state, tribal, and international regulatory agencies, for the provision of services related to a responsibility imposed on the department or CGCC by this Act, as defined.
- Provides in addition to any other confidentiality protections afforded to license applicants, the state and its agencies shall treat the proprietary information of a license applicant as confidential to protect the license applicant and to protect the security of any prospective authorized poker Web site. This Act will not prohibit the exchange of confidential information among state agencies considering a license application.
- Establishes the Unlawful Gambling Enforcement Fund (Fund) in the General Fund, which is intended to ensure adequate resources for enforcement, as specified.
- Requires CGCC, in consultation with DOJ, the Treasurer, and the Franchise Tax Board, to issue a report to the Legislature describing the state's efforts to meet the policy goals articulated in this bill within one year of the operative date of this bill and annually thereafter. Requires the Bureau of State Audits, at least 4 years after the issue date of any license by the state, but no later than 5 years after that date, to issue a report to the Legislature detailing the implementation of this bill, as specified.
EXISTING LAW:
- In 2000, Californians approved Proposition 1A which amended State Constitution Article IV Section 19 to allow slot machines, lottery games, and banking and percentage card games on Indian tribal lands if: a) The Governor and an Indian tribe reach agreement on a compact; b) The Legislature approves the compact; and c) The federal government approves the compact. Proposition 1A was a follow-up to a court's determination that a 1998 statutory initiative authorizing tribal casinos (Proposition 5) was unconstitutional. The State of California has signed and ratified Tribal-State Gaming Compacts with 72 Tribes and there are Secretarial Procedures in effect with one Tribe. There are currently 60 casinos operated by 58 Tribes.
- Existing federal law, the Federal Indian Gaming Regulatory Act (IGRA) of 1988, established the jurisdictional framework that presently governs Indian gaming. Under IGRA, before a tribe may lawfully conduct class III gaming (games commonly played at casinos, such as slot machines and black jack), the following conditions must be met: a) The particular form of class III gaming must be permitted in the state; b) The tribe and the state must have negotiated a compact that has been approved by the Secretary of the Interior; and c) The tribe must have adopted a tribal gaming ordinance that has been approved by the chairman of the National Indian Gaming Commission.
- States the Legislature has no power to authorize, and shall prohibit, casino games of the type currently operating in Nevada and New Jersey.
- In 1984, California voters passed Proposition 37, an exception to the State Constitution prohibition against lotteries. Proposition 37 included the California Lottery Act and created the California State Lottery.
- In 1933, California voters passed Proposition 5, an exception to the State Constitution, legalizing pari-mutuel wagering on horse racing. Regulation of horse racing is the responsibility of the California Horse Racing Board (CHRB), which was established by the Legislature in 1933.
- Provides an exception to the California Constitution to allow the Legislature to authorize cities and counties to provide for charitable bingo games. (California Constitution Article IV Sections 19(b) and 19(c).)
- The Gambling Control Act of 1997 established the CGCC to regulate legal gaming in California and the Bureau of Gambling Control within the DOJ to investigate and enforce controlled gambling activities in California. It prohibits gambling in a city or county that does not have an ordinance governing certain aspects of the operation of gambling establishments, including the "hours of operation" of gambling establishments. The Act granted the CGCC licensing jurisdiction over the operation of card clubs and of all persons having an interest in the ownership or operation of card clubs.
- Provides that, until January 1, 2020, if a local jurisdiction had not authorized legal gaming within its boundaries prior to January 1, 1996, then it is prohibited from authorizing legal gaming. Furthermore, until January 1, 2020, the California Gambling Commission is prohibited from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, unless an application to operate that establishment was on file with the division prior to September 1, 2000.
- Provides "Gambling operation" means exposing for play one or more controlled games that are dealt, operated, carried on, conducted, or maintained for commercial gain.
- Provides that a "banking game" or "banked game" does not include a controlled game if the published rules of the game feature a player-dealer position and provides that this position must be continuously and systematically rotated amongst each of the participants during the play of the game.
- Authorizes and defines "Advance Deposit Wagering" as a form of pari-mutuel horse wagering in which a person "establishes an account with a board-approved betting system or wagering hub where the account owner provides 'wagering instructions' authorizing the entity holding the account to place wagers on the owner's behalf via the phone or Internet.
- Existing federal law, the Unlawful Internet Gaming Enforcement Act of 2006 (UIGEA), prevents U.S. financial institutions from processing payments to online gambling businesses. The UIGEA does exempt three categories of transactions: intra-tribal, intrastate, and interstate horse racing. The UIGEA defines intrastate transactions are bets or wagers that are made exclusively within a single state, whose state laws or regulations contain certain safeguards regarding such transactions, expressly authorize the bet or wager and the method by which the bet or wager is made, and do not violate any provisions of applicable federal gaming statues.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Annual special fund costs to DOJ in the range of $5 million to $10 million in 2016-17, 2017-18, and 2018-19, to review and approve game rules and gaming activities, hire and retain staff with technical expertise, and develop and enforce regulations. Annual costs beginning in 2017-18 will be offset by application fees and ongoing regulatory fees.
- Significant one-time special fund costs to DOJ on top of expected annual costs for the initial processing of potential licensees. It can be expected that in the initial years of the authorization of Internet poker, DOJ will need a large number of additional investigators and enforcement staff to complete determinations of suitability and to conduct investigations. The precise number of potential licensees and the infrastructure that DOJ will need is unknown, but these startup costs could be as high as $70 million in 2017-18.
- Significant costs to CGCC of at least $2.5 million, $3.5 million, and $2.9 million in 2016-17, 2017-18, and 2018-19, respectively. Major cost drivers for CGCC include promulgating emergency regulations and beginning the development of permanent regulations, hiring staff with technical expertise, and one-time equipment costs, and other overhead expenses. Annual costs beginning in 2017-18 will be offset by application fees and ongoing regulatory fees.
- Annual transfer of revenue generated from license deposits and a duty on gross gaming revenues of up to $57 million to the California Horse Racing Board and up to $3 million to the Fair and Exposition Fund, as required by this bill.
- Unknown General Fund revenue, possibly in the millions, from the tax on gross gaming revenue and the license deposit for licensed operators.
COMMENTS:
Purpose of the bill: For over a century, gambling in California was confined to horse racing tracks and card rooms. Then, the California Lottery was authorized in 1984 and, through a series of federal court cases, changes in federal law, and Proposition 5 and 1A—casino gambling on Native American tribal lands emerged in the last decade of the 20th century. Now it appears that the Internet poker might be the next phase of gambling expansion in California.
The author states, in addition, to countless meetings held among the various stakeholders and interested parties, both supporting and opposing the concept of Internet poker, the Legislature has held numerous informational hearings and taken hours of testimony over the past 8+ years on the issues and challenges surrounding the authorization of intrastate Internet poker in California. On June 24, 2015, the Assembly Governmental Organization Committee (G.O.) held a lengthy informational hearing titled "The Legality of Internet Poker – How Prepared Is California to Regulate It." These hearings have helped to identify problems and solutions that have narrowed the differences among various stakeholders.
The author emphasizes that although various stakeholders and interested parties have different views relating to the legalization of iPoker in California, those entities have worked together in good faith toward the development of a regulatory framework. This bill is the product of hours of meetings and negotiations with all interested stakeholders.
It has been reported that well over a million Californians are playing Internet poker on Web sites run by offshore companies that are not regulated or licensed by any U.S. government entity - these poker players are at the mercy of unscrupulous operators who may cheat them out of their money with absolutely no recourse. As a result, Californians who play poker on these Web sites have no way of protecting sensitive personal information when they use their credit card or provide other financial information to such a site. In addition, hundreds of millions of dollars are leaving the California economy, money (and tax revenues) that could stay in the state if intrastate iPoker was legalized in California.
This bill contains numerous consumer protections to Californians who play online poker, ensure that the revenues from online poker are realized in California, and protect the public interest by ensuring that the various aspects of online poker are sanctioned and regulated by the state. This bill will create a new and innovative industry in California that will provide economic inducements to California's economy, including job creation. This bill includes strict standards to ensure that the online poker games are fair, played by persons of legal age who are located in California, and using advanced technologies to identify and restrict access by minors.
The author states that this bill includes a strong regulatory framework that protects Californians and cracks down on illegal online gaming, replacing it with safeguards against compulsive gambling, money laundering, fraud, and identity theft. In addition, the bill contains detailed criteria in the areas of licensing, enforcement, and regulatory oversight.
The author states, the bill addresses both of the major roadblocks that have prevented movement of an iPoker proposal over the years. The two roadblocks being 1) Horse racing as a licensee; and 2) Suitability of potential applicants.
In an effort to solve the horse racing issue, this bill creates the California Horse Racing Internet Poker Account, which would require the first $60 million collected annually from license fees and taxes on gross gaming revenues be deposited into the fund. The continuously appropriate fund would be distributed as follows: 1) a contribution retirement and welfare plan for California-licensed jockeys, past and present, as well as their dependents; 2) to supplement the pension plan for pari-mutuel employees administered on behalf of the labor organization that has historically represented the employees; 3) to racing associations or fairs as commissions and to horsemen purses; 4) breeder incentive awards; and 5) California's network of fairs. The subsidy is intended to resolve one of the main points of contention amongst the state's diverse gambling interests. Over the years, many tribal gaming interests have stated they that would not support an iPoker proposal where horse racing is an eligible entity for licensure. Specific tribes have stated that only they and card-clubs have the right to offer live poker in the state, and if horse racing were allowed to participate, it would violate this exclusive right. The author states that a subsidy in lieu of a license will allow this long-storied agribusiness to continue to operate and thrive in California while not being financial impacted by the further expansion of iGaming in California.
In an effort to solve the suitability issue, this bill would add tougher suitability standards to further strengthen the standards that already exist under current law in the Gambling Control Act. Specifically, the bill would: 1) Specify that an applicant for a service provider license that is found unsuitable as a "covered person" shall not be found suitable for licensure until January 1, 2022; 2) Cause any assets to be used such as trademarks, trade names, databases or other intellectual property, as described, from unlicensed internet gambling after December 31, 2006, to be ineligible for use during the above-referenced waiting period; 3) Place a universal two-year ban on using any customer lists accrued by a service provider prior to the enactment of this bill; and 5) Allows CGCC to impose limitations and conditions upon the issuance of the service provider license or the utilization of the applicant's assets acquired. The author believes that with these additional standards – on top of what is already required under current law – this bill will induce the strongest suitability standards in the nation for iPoker operations.
The author believes this bill will create well-regulated iPoker framework in California that will be used as a national model for creating jobs and revenue for the state while providing a safe, regulated, and responsible entertainment option for its residents.
General Background: Some gaming experts say that legal gambling over the Internet is not just inevitable but mainstream and readily available to anyone desiring to partake in this activity. Recent reports state that Americans spent approximately $2.6 billion gambling online in 2012, despite it being illegal. Americans generate nearly 10% of the current $33 billion worldwide online gambling market. Most of that money went to illegal offshore gambling Web sites, meaning the Web sites are operated in other countries where online gambling is regulated or regulation is non-existent. These gaming sites are out of the reach of U.S. courts and regulators, exposing online players to significant risks without effective legal recourse.
Experts state that by 2020 the online gaming market is expected to witness substantial growth. This may be attributed to increasing number of users taking up online gaming as an entertainment tool. Furthermore, increasing consumer awareness towards interactive entertainment systems is also expected to drive the online gaming market demand. Availability of high speed internet connectivity, efficient hardware compatibility, sophisticated gaming techniques and increased consumer disposable income are some of the key factors driving the online gaming market.
Many gaming experts believe that legalizing intrastate Internet gaming could have a significant positive impact on state revenues by redirecting gaming revenues into a domestic, legal operation that otherwise currently go abroad. However, others have stated this is not easy because it would take time to establish operations, approve contracts, games, hubs, and convince existing players to redirect their gambling to legal, domestic sites.
The global legal framework for Internet gambling is a complicated mix of laws and regulations. In the United States, both federal and state statutes apply. Gambling is generally regulated at the state level, with federal law supporting state laws and regulations to ensure that interstate and foreign commerce do not circumvent them.
In October 2006, the United States Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), 31 United States Code Section (U.S.C.) 5361 et seq., which generally prohibits the use of banking instruments, including credit cards, checks, and fund transfers, for interstate Internet gambling, essentially prohibiting online gambling by United States citizens, but which includes exceptions that permit individual states to create a regulatory framework to enable intrastate Internet gambling, provided that the bets or wagers are made exclusively within a single state under specified circumstances.
On April 15, 2011, three online poker companies (PokerStars, Full Tilt Poker, Absolute Poker/UltimateBet) were indicted for violating U.S. laws that prohibit the acceptance of any financial instrument in connection with unlawful Internet gambling. The companies argued that poker is a game of skill rather than a game of chance, and therefore, online poker is not unlawful Internet gambling. The indictments, quickly dubbed "Black Friday" by the poker community, came as a shock to a large number of Americans — estimated between 1.3 million and 15 million — who were playing poker online for real money.
On July 31, 2012, the U.S. Attorney's Office announced that the United States had entered into settlement agreements with PokerStars and Full Tilt Poker. U.S. District Judge Leonard B. Sand approved the $731 million settlement. Under the terms of the settlement with Full Tilt Poker, the company agreed to forfeit virtually all of its assets to the U.S. to fully resolve the charges in the complaint. Under the terms of the settlement with PokerStars, the company agreed to forfeit $547 million to the U.S. and to reimburse the approximately $184 million owed by Full Tilt to foreign players in order to fully resolve the allegations in the complaint. The settlement further provided that PokerStars would acquire the forfeited Full Tilt assets from the government. The settlements with regard to Full Tilt Poker and PokerStars, and a proposed settlement with Absolute Poker, "did not constitute admissions of any wrongdoing, culpability, liability, or guilt by any parties."
On July 14, 2011, Senate Minority Whip Jon Kyl (Republican-Arizona) and Senate Majority Leader Harry Reid (Democrat-Nevada) sent a letter to U.S. Attorney General Eric Holder asking the U.S. Department of Justice to clarify its position regarding enforcement of online gambling laws.
On December 23, 2011, the Office of Legal Counsel of the DOJ issued a Memorandum Opinion, as an attachment letter to Senator Harry Reid's July 2011 request. The opinion letter rejected DOJ's long-held interpretation of the Wire Act, by concluding that the Act prohibits only sports betting. Until then, DOJ had consistently declared that the Act barred both "casino games and sports betting." DOJ noted that there appeared to be a conflict between the Act and UIGEA. DOJ stated that the "unlawful Internet gaming" of the UIGEA does not include intra-state transactions that, among other things, are routed across state lines. DOJ's new policy did not constitute federal regulation of Internet gambling, but removed obstacles, which prevented state governments from enacting legislation, rules and regulations to regulate intrastate iGaming and issue licenses to Internet gambling operators and their technology providers.
In summary, federal law prohibits online gambling by U.S. citizens but includes specific provisions that allow individual states to offer intrastate Internet gaming, provided that state laws permitting and regulating that activity could impose reasonable protections against participation by underage persons or by persons located outside the boundaries of the states. So far, only three U.S. states allow licensed online casinos and poker sites. These states are Nevada, Delaware, and New Jersey. In all three states, a significant portion of the established gaming interests in the states bought into the idea that online gambling could help – not harm – their business models.
California's Involvement in iGaming Legislation: At stated above, under the terms of UIGEA, states may authorize intrastate Internet poker. California, however, currently has no such law. As such, it is legal to play poker in tribal casinos and state-approved card clubs inside California, but not legal to play online poker on a site that allows players from California, other states, and other countries to wager against each other. The effect of the federal law prohibiting interstate internet gambling and California's lack of a law authorizing intrastate internet gambling has been to channel players in California to offshore sites.
Internet gambling has been a topic of consideration in California for some time. With a population of nearly 38 million, California has the potential to be a lucrative Internet gambling market should the state choose to regulate Internet gambling, beyond pari-mutuel wagering on horseracing, in the future.
From 2008-2014, eleven legislative proposals have been introduced in California in an attempt to change the nature of Internet gambling. Each bill was referred to the respective Governmental Organization Committee in each house but no testimony or vote was ever taken on the issue.
In 2015, four bills (AB 431 (Gray), AB 9 (Gatto), AB 167 (Jones-Sawyer), and SB 278 (Hall) of 2015) were introduced relating to the authorization of iPoker in California. Three of the bills (AB 9, AB 167, and SB 278) were never heard in the respective Governmental Organization Committee. AB 167 would have permitted all card clubs, tribes, and racetracks to offer online poker in California. AB 9 did not permit licensing of racetracks and included a bad actor clause (would preclude operators that took bets in the U.S. after the passage of UIGEA in 2006). AB 431 declared the intent of the Legislature to authorize iPoker in California and adopt a legal and regulatory framework. The bill was the first iPoker proposal to ever be heard and pass a legislative committee (Assembly G.O. and Appropriations) but was held on the Assembly Inactive File for further discussion. A summary of the various iPoker legislative proposals can be found on page 17.
Proponents state that providing a legal mechanism for iPoker offers an alternative to illegal gambling now being played on the Internet. Californians can be protected from unscrupulous gambling enterprises by licensing and regulating iPoker. Proponents further state, the eventual authorization of iPoker, will not only allow California to protect its consumers but also help law enforcement agencies work with the industry in preventing underage gambling, identity theft and other related fraud activity.
Proponents state that an iPoker framework in California would not only generate much needed revenue to the state but would spur a new industry in California that will provide economic inducements to California's economy, including jobs. In addition, under a state system, the state would retain tax revenues in contrast to a federal system where revenues would be divided between the state and federal government.
Opponents claim that legal Internet gambling represents the "Mother of All Expansions," turning every home computer, school laptop, I-phone, I-pad and most cell phones into a gambling device, and every home, dorm-room, apartment and Wi-Fi business into a casino. Concerns center on whether widespread availability of legal and attractive iGaming system would become problematic with specific subgroups in the population, such as young adults.
California's horse racing industry is the only legal industry in this state with experience in the realm of offering wagering over the Internet. Advance Deposit Wagering (ADW) as authorized by AB 471 (Hertzberg), Chapter 198, Statutes of 2001 is a system whereby a person establishes an account, or multiple accounts at a CHRB-approved "betting system" or a board-approved "multi-jurisdictional wagering hub." When a person calls to place a wager from his or her account, the California law provides that they are actually providing "wagering instructions," rather than actually making the wager themselves. In 2014, the total amount wagered by patrons through California's licensed ADW providers was more than $600 million.
On-line Poker Revenue Projections for California: Most gaming experts agree that the market for regulated online poker in California will be the largest in the United States. The state would benefit financially in three main ways: taxes paid on operator revenues and profits, income taxes from player winnings, and taxes paid by suppliers and employees of gaming sites. The largest revenue source would be from site operators who would pay fees based on Gross Gaming Revenues (GGR). GGR consists of total wagers made by customers less the winnings paid back to its customers, and a tax rate is applied on the base.
A forecast by Morgan Stanley stated that given California's population of 38 million people (vs. New Jersey's 8 million), "we expect the market to reach $1.1B by 2017." Morgan Stanley estimates that the online poker market in California will be approximately $435 million in Year one, growing to $1.1 billion by Year three.
A 2011 study by former California Finance Director Timothy Gage stated that online poker could generate as much as $1.4 billion in revenue over the first decade if a bill was passed. This income would come from direct and indirect taxes tied to the wagering activity. The study further stated that up to 1,300 new jobs could possibly be created – led by jobs in marketing services, high tech jobs like programmers, and gaming providers.
California's population is larger than every country in Europe but eight and is viewed by many as possessing the needed online poker liquidity to maintain the player base that is crucial to ensure that such a system is successful from a monetary standpoint.
States that have legalized Internet Gaming: Nevada allows interactive wagering on poker and sports; Delaware allows betting on table games, video lottery, and poker; and New Jersey permits casino games and poker. Currently, New Jersey dominates the market, with about 90% of total U.S. online gaming revenue. Poker represents about one-third of total online gaming market in those three states.
Nevada: An Internet gaming bill, AB 466, was enacted in June 2001. It authorized certain commercial casinos to offer so-called "interactive gaming." Interactive gaming, currently limited to intrastate Internet poker, went live in April 2013 pursuant to final regulations that were promulgated in December 2011. Nevada prohibits Internet gambling businesses that knowingly and intentionally took or facilitated unregulated U.S. bets after December 31, 2006, from obtaining interactive gaming licensure for five years, after the enactment of AB 466. Nevada has two web poker operators—a World Series of Poker (WSOP)-branded online poker site and an online site from South Point Casino (Real Gaming). Nevada's gross revenue from gaming is generally subject to a 6.75% tax.
At the end of 2014, an online poker site from Station Casinos (Ultimate Gaming) stopped offering iPoker due to lackluster revenue. The Nevada Gaming Control Board (NGCB) also stopped releasing revenue figures, as the state requires at least three operational sites before such data is released. In 2015, Nevada and Delaware entered into an interstate poker player sharing agreement, and following an initial boost to iPoker revenues, the revenue numbers returned to pre-compact levels.
New Jersey: An Internet gaming bill, A2578, was enacted in February 2013. It authorized commercial casinos to offer iGaming in the state of New Jersey. Internet gaming, currently limited to intrastate Internet poker, table games and slots, went live in November 2013 pursuant to final regulations that were promulgated in September 2013. New Jersey requires its online gambling licensees to collaborate with a brick-and-mortar casino partner. Six commercial casinos are currently operating Internet gambling Web sites. Furthermore, each casino has multiple online gaming Web sites operating under their license. The Division of Gaming Enforcement (DGE) determines license suitability of a participant. The state does not have specific language in its Internet gaming statute or regulations that expressly addresses so-called "bad actors." New Jersey taxes online gambling revenue at a rate of 15% of gross gaming revenue.
In 2015, according to the DGE, the online revenue came to $148.8 million, 21% higher than 2014's total. Total online casino revenue in 2015 was $125 million, up one-third from 2014, while poker revenue fell 18% to $23.8 million. The state's annual tax from online gambling was $18.4 million. Overall, online gambling has risen in popularity since New Jersey introduced regulation in 2013, and currently it accounts for approximately 8% of the Garden State's overall gambling market.
In December 2013, the DGE suspended their review of a license application by the former owners of PokerStars, citing legal concerns about management's outstanding issues with the DOJ. In 2014, Pokerstars, also the owner of Full Tilt Poker, sold their gambling business to Amaya Gaming Group for $4.9 billion. In addition, specific executives stepped down as part of the sale to Amaya. After a lengthy investigation, in September 2015, Amaya received its approval (Transactional Waiver Order) to operate PokerStars and Full Tilt in the state. PokerStars began accepting wagers on March 2016. On April 1, 2016, Amaya's online gaming license was renewed (Transactional Waiver Order) by the DGE for another six months. PokerStars NJ operates in conjunction with its partner, Resorts Casino Hotel in Atlantic City, and offers both poker and casino games online at PokerStarsNJ.com to players who are physically located in the state.
In 2016, the Pala Band of Mission Indians, a California tribe partnered with the Borgata Hotel Casino & Spa to supply the casino with its online gaming platform and to provide both online poker and casino games to residents of the state. The tribe was licensed by the DGE in 2014.
Delaware: An Internet gaming bill, HB 333, was enacted in 2012. It authorized games, such as slots, roulette, poker and blackjack, which are to be played on each Delaware casino's Web sites (horse racetracks with casinos) and controlled centrally by the Delaware State Lottery.
A single provider powers the state's online casino and poker offerings (888 and Scientific Games). Total online gaming revenue (all games) for 2015 was $1.8 million, 14% lower than the $2.1 million collected in 2014. Poker accounted for approximately $500,000 of that total revenue figure. When poker first became legalized online in 2013, monthly revenues routinely were between $50,000 and $100,000. The market topped out in December 2013, as poker rake and fees reached $106,922. Since June 2014, those amounts have not reached the $50,000 threshold. The state's revenue sharing arrangement with the three casinos authorized to offer online gambling allows it to keep the first $3.75 million of online revenue, meaning the casinos did not share in any of the revenue. The state has experienced low registration rates and the wagering games are not available on devices such as tablets and smart phones.
States that ban iGaming: Eight states have enacted laws expressly prohibiting iGaming. Illinois, Indiana, Louisiana, Montana, Nevada, Oregon, South Dakota, and Washington prohibit Internet Gambling. Additionally, Washington law provides that a person that transmits or receives gambling information by the Internet is guilty of a felony.
2015 Legislative Action by States: In 2015, seven states considered but did not enact legislation that would authorize Internet gambling or amend existing Internet gambling statutes. Some states, including California and New York, considered legislation that would authorize Internet poker, only, while others, including Pennsylvania, considered bills that would authorize some combination of Internet poker, table games and slot games. The states were as follows:
California, Delaware, Illinois, Massachusetts, New Jersey, New York, Pennsylvania.
In Pennsylvania, HB 649 (Representative Payne) would legalize and regulate online gaming with licenses going to the state's existing land-based casinos. The tax rate the state will impose on online gambling operators remains unresolved at this point, with the House calling for a 16% tax on gross gaming revenue, while the Senate's bill version would impose a 54% tax on GGR. The bill does not contain so-called "bad actor" language. HB649 is pending on the House floor. It should be noted that California, New York and Pennsylvania, account for roughly 22% of the U.S. population.
In May 2015, New York State Senator John Bonacic introduced S5302B that would license online poker in the state. Online poker companies would be required to partner with an existing racino or commercial casino. The bill contains a tax rate of 15% on online poker operators, who would also have to pay $10 million for a 10-year license. Up to 10 licenses could be awarded. The bill does not contain so-called "bad actor" language. The 2016 Legislature adjourns on June 16.
What about Federal Legislation to Regulate iGaming? On the federal level, proposals have been introduced to establish a federal regulatory system for Internet gaming. Congressional representative Barney Frank (2010), Senator Harry Reid (2012), Congressman Peter King (2013), and Congressman Joe Barton (2011 & 2013) introduced bills which would have instituted federal regulation of a legalized system of Internet gaming. However, all of the bills stalled in their respective house of origin. It has been stated that Federal regulation would provide a single, comprehensive mechanism for consistent licensing, operation and enforcement of U.S. Internet gambling laws.
2015 Federal Action - The Restoration of America's Wire Act: In 2015, Representative Jason Chaffetz (Republican-Utah) and Senator Lindsey Graham (Republican-South Carolina) respectively introduced the Restoration of America's Wire Act (RAWA) bill in the House and Senate for the second consecutive year. RAWA would amend provisions of the federal criminal code, commonly known as the Federal Wire Act of 1961, to provide that the prohibition against transmission of wagering information shall apply to any bet or wager, or information assisting in the placing of any bet or wager (thus making such prohibition applicable to all types of gambling activities, including Internet gambling. Two Congressional hearings were held on the contents of RAWA but no further action was taken.
Related legislation: AB 1437 (Gray) of the current legislative session. Would enact the Internet Fantasy Sports Games Consumer Protection Act, which would require a person or entity to apply for, and receive, a license from the DOJ prior to offering an Internet fantasy sports game for play in California. (Pending in Senate Governmental Organization Committee)
Prior legislation: AB 431 (Gray) of 2015. Would declare the intent of the Legislature to authorize Internet poker in California and adopt a legal and regulatory framework that complies with federal law. The bill declares the framework shall include strict standards to ensure the fairness and integrity of the games, appropriate consumer protections, fair revenue for the state, safeguards against underage play, and mechanisms to address negative impacts of Internet poker gambling. (Died on inactive file)
AB 9 (Gatto) of 2015. This bill, which would be known as the Internet Poker Consumer Protection Act of 2015, would have established a framework to authorize intrastate Internet poker, as specified. The bill did not permit licensing of horse racing entities and excluded any company that accepted bets after December 31, 2006 in the U.S. without proper licensing, as specified. (Never Heard in Assembly G.O. Committee)
AB 167 (Jones-Sawyer) of 2015. This bill, which would be known as the Internet Poker Consumer Protection Act of 2015, would have permitted card clubs, tribes, and racetracks to offer intrastate online poker in California, as specified. (Never Heard in Assembly G.O. Committee)
SB 278 (Hall) of 2015. Would have authorized the operation of an Internet poker web site within the borders of the state. The bill required CGCC, in consultation with DOJ, to promulgate regulations for intrastate Internet poker. The regulations would include, but not be limited to, a licensing process for an individual or entity to become an operator of an Internet poker Web site and rules for the operation of an Internet poker Web site. (Never Heard in Senate G.O. Committee)
AB 2291 (Jones-Sawyer) of 2014. Would have authorized intrastate Internet poker, as specified. (Never heard in Committee on Assembly G.O.)
SB 1366 (Correa) of 2014. Would have authorized intrastate Internet poker, as specified. The bill would authorize eligible entities to apply for a license to operate an intrastate Internet poker Web site offering the play of authorized games to players within California, as specified. (Never heard in Committee on Senate G.O.)
SB 51 (Wright) of 2013-2014. Would have authorized intrastate Internet gambling, as specified. Would have authorized eligible entities to apply to CGCC for a 10-year license to operate an intrastate Internet gambling Web site offering the play of authorized gambling games to registered players within California. (Never heard in Committee on Senate G.O.)
SB 678 (Correa) of 2013-2014. Would have authorized intrastate Internet poker, as specified. The bill would have authorize eligible entities to apply for a license to operate an intrastate Internet poker Web site offering the play of authorized games to players within California, as specified. (Never heard in Committee on Senate G.O.)
SB 1463 (Wright) of 2012. Would have enacted the "Internet Gambling Consumer Protection and Public-Private Partnership Act of 2012" for the stated purpose of authorizing, intrastate Internet gambling. (Never heard in Committee on Senate G.O.)
SB 40 (Correa) of 2011-2012. Would have authorized intrastate Internet poker, as specified. The bill required the CGCC to adopt emergency regulations, in consultation with the department, providing for the issuance of licenses to operate intrastate Internet poker Web sites.
SB 45 (Wright) of 2011-2012. Would have established a framework to authorize intrastate Internet gambling, as specified. The bill would have required the Bureau to issue a request for proposals to enter into contracts with up to three hub operators, as defined, to provide lawful Internet gambling games to registered players in California for a period of 20 years, as specified. (Never heard in Committee on Senate G.O.)
SB 1485 (Wright) of 2010. Would have enacted the "Internet Gambling Consumer Protection and Public-Private Partnership Act of 2010" for the stated purpose of authorizing, intrastate Internet gambling. (Never heard in Committee on Senate G.O.)
AB 2026 (Levine) of 2008. The introduced version would have authorized the intrastate play of various Internet poker games to be offered by licensed gambling establishments registered with CGCC. (Never heard in Committee on Senate G.O.)
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531 and Kenton Stanhope FN: 0004581
Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
ABPCA Bill Id:AB 2863 (
Author:Gray) – As Amended Ver:April 20, 2016
SUBJECT: Gambling: Internet poker
SUMMARY: This bill, which would be known as the Internet Poker Consumer Protection Act of 2016 (Act), would establish a framework to authorize intrastate Internet poker in California, as specified. Specifically, this bill:
1) Establishes the Internet Poker Consumer Protection Act of 2016, which would establish a framework to authorize intrastate Internet poker, as specified.
2) Provides “Eligible entity” would include both of the following: (i) A card room that operates, as defined, whose owner or owners have been authorized, subject to oversight by, and in good standing with, the applicable state regulatory authorities. (ii) A federally recognized California Indian tribe that operates a gaming facility pursuant to a facility license issued in accordance with a tribal gaming ordinance approved by the Chair of the National Indian Gaming Commission and that is eligible to conduct real-money poker at that facility.
3) Provides an entity, as defined above shall have operated its land-based gaming facility for at least five years immediately preceding its application to secure a license to operate an Internet poker Web site pursuant to this Act, and shall be in good standing during that time period with the applicable federal, state, and tribal regulatory authorities.
4) Provides that a person who is 21 years of age or older and located within California is hereby permitted to participate as a registered player in an authorized Internet poker game provided by a licensed operator on an authorized poker Web site. The bill does not authorize any game offered in Nevada or New Jersey other than poker.
5) Provides that within 270 days after the effective date of the Act, the California Gambling Control Commission (CGCC), and any other state agency with a duty pursuant to this Act, shall, in consultation with the California Department of Justice (DOJ or department) and tribes, adopt regulations pursuant to the Administrative Procedure Act, as defined, to implement this bill, and to facilitate the operation of authorized poker Web sites and expedite the state’s receipt of revenues, as defined.
6) Authorized Internet poker games may be offered only by entities licensed pursuant to this Act. An eligible entity seeking to offer authorized Internet poker games shall apply to the department for a determination of suitability. If the department determines the applicant is suitable to receive a license, the applicant shall then apply to the commission for an operator license. The applicant shall pay an application-processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
7) States employees of the licensed operator shall undergo a suitability review and obtain work permits, as specified. Owners, officers, and directors of licensed operators shall also undergo a suitability review and obtain employee work permits, as defined. CGCC may refuse to issue a license to an applicant, or suspend or revoke a license of a licensed operator that fails to comply with this requirement.
8) Provides an applicant for an operator license pursuant to this bill that is a tribe shall include with its license application a limited waiver of the applicant’s sovereign immunity. This limited waiver shall apply exclusively to the state, and no other party, solely for the limited purpose of enforcing this chapter and any regulations adopted pursuant to this chapter, and with regard to any claim, sanction, or penalty arising therefrom against the licensed operator by the state, and for no other purpose.
9) Provides that an operator license denoting full licensure shall be issued for a term of seven years. Each initial operator license issued pursuant to this section shall take effect on the same date. A licensee’s employees in direct contact with registered players shall be physically present in the state. All primary servers, facilities, bank accounts, and accounting records of the licensee related to authorize Internet poker shall be located in the state, except as defined.
10) Provides in addition to any other confidentiality protections afforded to license applicants, the state and its agencies shall treat the proprietary information of a license applicant as confidential to protect the license applicant and to protect the security of any prospective authorized poker Web site. The Act does not prohibit the exchange of confidential information among state agencies considering a license application.
11) States an entity seeking to act as a service provider shall apply to the department for a determination of suitability. If DOJ determines the applicant is suitable to receive a license, the applicant shall then apply to CGCC for a service provider license, and obtain a service provider license, before providing goods or services to a licensed operator in connection with the operation of an authorized poker Web site. DOJ shall review the suitability of an applicant for a service provider license. The applicant for a service provider license shall pay an application-processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license. DOJ may establish a process to conduct a preliminary determination of suitability based on a partial investigation. A partial investigation is intended to screen out applicants that do not meet the suitability requirements, as defined.
12) States a full investigation shall include a review and evaluation of the service provider’s qualifications and experience to provide the services anticipated, which shall include the required submission of a report prepared on each service provider by an outside firm contracted and supervised by the department, in a format developed by the department, and at the service provider’s expense. The report shall include information necessary for DOJ to make a determination of suitability, as specified in regulations adopted pursuant to this Act, consisting of, but not limited to, personal history, prior activities and associations, credit history, civil litigation, past and present financial affairs and standing, and business activities, including whether the applicant or an affiliate of the applicant has a financial interest in any business or organization that is or was engaged in any form of gaming or transactions related to gaming prohibited by the law of the federal or state jurisdiction in which those activities took place. DOJ may specify additional requirements regarding the contents of the report and other information or documentation required to be submitted.
13) Provides DOJ shall issue a finding that a license applicant is suitable to obtain a license only if, based on all of the information and documents submitted, the department is satisfied that each of the persons subject to a determination of suitability pursuant to this article is both of the following: (1) A person of good character, honesty, and integrity, or, if an entity, in good standing in its jurisdiction of organization and in all other jurisdictions in which it is qualified, or should be qualified, to do business. (2) A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest of the state, or to the effective regulation and control of authorized Internet poker games, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of authorized Internet poker games or in the carrying on of the business and financial arrangements incidental thereto.
14) States DOJ shall issue a finding that a license applicant is not suitable to obtain a license if it finds that a person subject to a determination of suitability pursuant to this article is described by any of the following: (1) The person failed to clearly establish eligibility and qualifications in accordance with this Act. (2) The person failed to timely provide information, documentation, and assurances required by this Act or requested by the department, or, with respect to a licensed applicant, failed to reveal any fact material to qualification, or supplied information that is untrue or misleading as to a material fact pertaining to the suitability criteria. (3) The person has been convicted of a felony, including a conviction by a federal court or a court in another state or foreign jurisdiction for a crime that would constitute a felony if committed in California, except that a conviction of a felony involving the hunting or fishing rights of a tribal member while on his or her reservation shall not be included among the class of disqualifying felonies. (4) The person has been convicted of a misdemeanor in a jurisdiction involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief, as defined. (5) The person has associated with criminal profiteering activity or organized crime, as defined in the Penal Code. (6) The person has contemptuously defied a legislative investigative body, or other official investigative body of a state or of the United States or a foreign jurisdiction, when that body is engaged in the investigation of crimes relating to poker, official corruption related to poker activities, or criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code. (7) The person is less than 21 years of age. (8) The person has been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity.
15) Provides this Act shall not become operative until criteria are established by statute to address involvement in Internet betting prior to the state’s authorization of Internet poker pursuant to this bill.
16) Provides does not restrict the authority of a tribe that is a licensed operator or that owns a tribal enterprise that is a licensed operator to conduct suitability reviews of its service providers, as defined.
17) Provides a licensed operator shall ensure that registered players are eligible to play authorized Internet poker games and implement appropriate data security standards to prevent access by a person whose age and location have not been verified, as specified. A registered player shall be physically located within the State of California at the time of gambling. Provides DOJ may assess a civil penalty against a person who violates this provision, whether a licensed operator, owner, service provider, or player, as specified.
18) Provides a licensed operator shall register players and establish registered player accounts prior to play. A registered player account may be established in person, or by United States mail, telephone, or by any electronic means. To register and establish a registered player account to play poker with real money, a person shall provide all of the following registration information: (1) First name and surname; (2) Principal residence address; (3) Telephone number; (4) Social security number; (5) Identification or certification to prove that person is at least 21 years of age; (6) Valid email address: and (7) A registered player shall not establish more than one account on the same authorized poker Web site.
19) Provides all personally identifiable information about registered players shall be shared with state agencies, including, but not limited to, DOJ, CGCC, the Franchise Tax Board, and the Department of Child Support Services as necessary to assist them in fulfilling their obligations, as specified.
20) States a licensed operator shall protect the privacy of registered players and their personally identifiable information, as specified. A licensed operator shall comply with all applicable state and federal privacy and data protection laws. A licensed operator shall destroy personally identifiable information if both of the following apply: (1) The information is no longer reasonably necessary for the purpose for which it was collected. (2) There are no pending requests or orders for access to the information, as specified.
21) Provides a licensed operator shall establish a book of accounts and regularly audit all of its financial records and reports, as specified. Provides a licensed operator shall make all financial records established and maintained, as defined, including, but not limited to, all books, records, documents, financial information, and financial reports, available on an electronic basis, as required by CGCC, DOJ, or other state agencies, as specified.
22) States a licensed operator shall: (a) Implement technical systems that materially aid the CGCC in the protection of registered players. (b) Ensure that all transactions involving registered players’ funds are recoverable by the system in the event of a failure or malfunction. (c) Document and implement preventive and detective controls addressing money laundering and fraud risks.
23) States a licensed operator may charge registered players to play in authorized Internet poker games, as defined.
24) Provides in support of the application for a license pursuant to this Act, prior to offering games or accepting bets on its authorized poker Web site, the licensed operator shall remit to the Treasurer a one-time license deposit in the amount of ____ dollars ($____), to be deposited into the General Fund, as defined, and credited against charges imposed on the licensed operator’s gross gaming revenues.
25) Provides in consideration of the substantial value of each license, a licensed operator shall remit to the Treasurer on a quarterly basis for deposit in the General Fund, an amount equal to ____ percent of its gross gaming revenues. Gross gaming revenue is defined as “the total amount of moneys paid by players to the operator to participate in authorized games before deducting the cost of operating those activities except for fees to marketing affiliates and payment processing fees.”
26) States each licensed operator shall pay a regulatory fee, to be deposited in the Internet Poker Fund, in an amount to be determined by the CGCC, for the reasonable costs of license oversight, consumer protection, state regulation, problem gambling programs, and other purposes related to this chapter, determined on a pro rata basis depending on the number of licensed operators in the state.
27) Requires the first $60,000,000 collected each fiscal year pursuant to the license deposit and from the tax on iPoker operations to be deposited into the California Horse Racing Internet Poker Account, which would be established in the General Fund. The bill would continuously appropriate the funds as follows:
(a) One and three-twentieths percent to the defined contribution retirement plan for California-licensed jockeys, as established in current law.
(b) One and three-twentieths percent to provide health and welfare benefits for California- licensed jockeys, former California-licensed jockeys, and their dependents, as defined.
(c) Two and three-tenths percent to supplement the pension plan for pari-mutuel employees administered on behalf of the labor organization that has historically represented the employees who accept or process any form of wagering at the horse racing meetings and for other entities licensed to conduct wagering on horse races in California. Moneys distributed pursuant to this provision shall supplement, and not supplant, moneys distributed to that fund pursuant to this chapter or any other law.
(d) Ninety-five and four-tenths percent to racing associations or fairs as commissions, to horsemen participating in the racing meeting in the form of purses, and as incentive awards, in the same relative proportion as they were generated or earned at each racing association or fair on races conducted or imported by that racing association or fair during the prior calendar year, as specified.
(e) Five percent to the State Treasury to the credit of the Fair and Exposition Fund, to benefit state designated fairs, as defined.
28) States each licensed operator shall pay a regulatory fee, to be deposited in the Internet Poker Fund, in an amount to be determined by CGCC, for the reasonable costs of license oversight, consumer protection, state regulation, problem gambling programs, and other purposes as determined on a pro rata basis depending on the number of licensed operators in the state.
29) Provides the licensed operator shall facilitate the collection of personal income taxes from registered players by the Franchise Tax Board and shall be responsible for providing current and accurate documentation on a timely basis to all state agencies, as provided.
30) States a licensee shall act expeditiously to cure any violation of this chapter, or any regulation adopted pursuant to this bill, in the offer or administration of authorized Internet poker games that interferes with its obligations to the state or registered players under this Act.
31) Provides DOJ shall protect the rights and assets of registered players on an authorized poker Web site if the licensed operator’s license pursuant to this ACT is revoked or the licensed operator becomes bankrupt.
32) Provides all facilities, software, including downloadable programs, and any other property, both tangible and intangible, used by the licensed operator in offering authorized Internet poker games for play on an authorized poker Web site shall be the property of the licensed operator or its licensed service providers, and shall be subject to the review of the department and the approval of the CGCC.
33) Provides the department or CGCC may contract with other public or private entities, including, but not limited to, state, tribal, and international regulatory agencies, for the provision of services related to a responsibility imposed on the department or CGCC by this Act, as defined.
34) Provides a licensed operator shall use its best efforts to protect registered players. Subject to the approval of DOJ, and consistent with uniform standards established by the department by regulation, each licensed operator shall establish administrative procedures to resolve registered player complaints, as specified.
35) Provides the Treasurer shall transfer all amounts received, as specified, to the Controller for deposit in the Internet Poker Fund, which is created in the State Treasury, to be administered by DOJ. All moneys in the fund are continuously appropriated to the department and CGCC, without regard to fiscal years, in the amounts necessary for the department and the CGCC to perform their duties under the Act.
36) Establishes the Unlawful Gambling Enforcement Fund within the General Fund for purposes of ensuring adequate resources for law enforcement charged with enforcing the prohibitions and protections of the provisions, as described above. Authorizes the Attorney General, and other public prosecutors, as specified, to bring a civil action to recover a civil penalty in an unspecified amount against a person who engages in those prohibited activities described above, or other specified unlawful gambling activities in connection with the use of an Internet access device. Provides for an unspecified percentage of revenues from civil penalties collected to be deposited into the fund and used for law enforcement activities pursuant to these provisions, upon appropriation by the Legislature.
37) Provides that any violation of the Internet Poker Consumer Protection Act of 2016 is punishable as a felony
38) Requires the CGCC, in consultation with the department, the Treasurer, and the Franchise Tax Board, to issue a report to the Legislature describing the state’s efforts to meet the policy goals articulated in this bill within one year of the operative date of this bill and, annually, thereafter.
39) Requires the Bureau of State Audits, at least 4 years after the issue date of any license by the state, but no later than 5 years after that date, to issue a report to the Legislature detailing the implementation of this bill, as specified.
40) Provides the Act shall remain in effect until January 1, 2024.
EXISTING LAW:
1) In 2000, Californians approved Proposition 1A which amended Article IV, Section 19 of the State Constitution to allow slot machines, lottery games, and banking and percentage card games on Indian tribal lands if: (1) the Governor and an Indian tribe reach agreement on a compact; (2) the Legislature approves the compact; and (3) the federal government approves the compact. Proposition 1A was a follow-up to a court’s determination that a 1998 statutory initiative authorizing tribal casinos (Proposition 5) was unconstitutional. The State of California has signed and ratified Tribal-State Gaming Compacts with 72 Tribes and there are Secretarial Procedures in effect with one Tribe. There are currently 60 casinos operated by 58 Tribes.
2) Existing federal law, the Federal Indian Gaming Regulatory Act (IGRA) of 1988, established the jurisdictional framework that presently governs Indian gaming. Under IGRA, before a tribe may lawfully conduct class III gaming (games commonly played at casinos, such as slot machines and black jack), the following conditions must be met: (1) The particular form of class III gaming must be permitted in the state; (2) The tribe and the state must have negotiated a compact that has been approved by the Secretary of the Interior; and (3) The tribe must have adopted a tribal gaming ordinance that has been approved by the chairman of the National Indian Gaming Commission.
3) States the Legislature has no power to authorize, and shall prohibit, casino games of the type currently operating in Nevada and New Jersey.
4) In 1984, California voters passed Proposition 37, an exception to the State Constitution prohibition against lotteries. Proposition 37 included the California Lottery Act and created the California State Lottery.
5) In 1933, California voters passed Proposition 5, an exception to the State Constitution, legalizing pari-mutuel wagering on horse racing. Regulation of horse racing is the responsibility of the California Horse Racing Board, which was established by the Legislature in 1933.
6) Provides an exception to the California Constitution to allow the Legislature to authorize cities and counties to provide for charitable bingo games. (Cal. Const. art. IV, §§ 19(b), 19(c).)
7) The Gambling Control Act of 1997 established the CGCC to regulate legal gaming in California and the Bureau of Gambling Control within the Department of Justice (DOJ) to investigate and enforce controlled gambling activities in California. It prohibits gambling in a city or county that does not have an ordinance governing certain aspects of the operation of gambling establishments, including the "hours of operation" of gambling establishments. The Act granted the CGCC licensing jurisdiction over the operation of card clubs and of all persons having an interest in the ownership or operation of card clubs.
8) Provides that, until January 1, 2020, if a local jurisdiction had not authorized legal gaming within its boundaries prior to January 1, 1996, then it is prohibited from authorizing legal gaming. Furthermore, until January 1, 2020, the California Gambling Commission is prohibited from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, unless an application to operate that establishment was on file with the division prior to September 1, 2000.
9) Provides "Gambling operation" means exposing for play one or more controlled games that are dealt, operated, carried on, conducted, or maintained for commercial gain.
10) Provides that a "banking game" or "banked game" does not include a controlled game if the published rules of the game feature a player-dealer position and provides that this position must be continuously and systematically rotated amongst each of the participants during the play of the game.
11) Authorizes and defines "Advance Deposit Wagering" as a form of pari-mutuel horse wagering in which a person "establishes an account with a board-approved betting system or wagering hub where the account owner provides 'wagering instructions' authorizing the entity holding the account to place wagers on the owner's behalf via the phone or Internet.
12) Existing federal law, the Unlawful Internet Gaming Enforcement Act of 2006 (UIGEA), prevents U.S. financial institutions from processing payments to online gambling businesses. The UIGEA does exempt three categories of transactions: intra-tribal, intrastate, and interstate horse racing. The UIGEA defines intrastate transactions are bets or wagers that are made exclusively within a single state, whose state laws or regulations contain certain safeguards regarding such transactions, expressly authorize the bet or wager and the method by which the bet or wager is made, and do not violate any provisions of applicable federal gaming statues.
FISCAL EFFECT: Unknown
COMMENTS:
Purpose of the bill: For over a century, gambling in California was confined to horse racing tracks and card rooms. Then, the California Lottery was authorized in 1984 and, through a series of federal court cases, changes in federal law, and Proposition 5 and 1A—casino gambling on Native American tribal lands emerged in the last decade of the 20th century. Now it appears that the Internet poker might be the next phase of gambling expansion in California.
The author states, in addition, to countless meetings held among the various stakeholders and interested parties, both supporting and opposing the concept of Internet poker, the Legislature has held numerous informational hearings and taken hours of testimony over the past 8+ years on the issues and challenges surrounding the authorization of intrastate Internet poker in California. On June 24, 2015, the Assembly Governmental Organization Committee held a lengthy informational hearing titled "The Legality of Internet Poker – How Prepared Is California to Regulate It." These hearings have helped to identify problems and solutions that have narrowed the differences among various stakeholders.
The author emphasizes that although various stakeholders and interested parties have different views relating to the legalization of iPoker in California, those entities have worked together in good faith toward the development of a regulatory framework. AB 2863 is the product of hours of meetings and negotiations with all interested stakeholders.
It has been reported that well over a million Californians are playing Internet poker on Web sites run by offshore companies that are not regulated or licensed by any U.S. government entity - these poker players are at the mercy of unscrupulous operators who may cheat them out of their money with absolutely no recourse. As a result, Californians who play poker on these websites have no way of protecting sensitive personal information when they use their credit card or provide other financial information to such a site. In addition, hundreds of millions of dollars are leaving the California economy, money (and tax revenues) that could stay in the state if intrastate iPoker was legalized in California.
AB 2863 contains numerous consumer protections to Californians who play online poker, ensure that the revenues from online poker are realized in California, and protect the public interest by ensuring that the various aspects of online poker are sanctioned and regulated by the state. This bill will create a new and innovative industry in California that will provide economic inducements to California's economy, including job creation. This bill includes strict standards to ensure that the online poker games are fair, played by persons of legal age who are located in California, and using advanced technologies to identify and restrict access by minors.
The author states that this bill includes a strong regulatory framework that protects Californians and cracks down on illegal online gaming, replacing it with safeguards against compulsive gambling, money laundering, fraud, and identity theft. In addition, the bill contains detailed criteria in the areas of licensing, enforcement, and regulatory oversight.
The author states, the bill addresses one of the major roadblocks that has prevented movement of a iPoker proposal over the years pertaining to California's horse racing industry being an eligible entity for licensure. AB 2863 creates the California Horse Racing Internet Poker Account, which would require the first $60 million collected annually from license fees and taxes on gross gaming revenues be deposited into the fund. The continuously appropriate fund would be distributed as follows: 1) a contribution retirement and welfare plan for California-licensed jockeys, past and present, as well as their dependents; 2) to supplement the pension plan for pari-mutuel employees administered on behalf of the labor organization that has historically represented the employees; 3) to racing associations or fairs as commissions and to horsemen purses; 4) breeder incentive awards; and 5) California's network of fairs. The subsidy is intended to resolve one of the main points of contention amongst the state’s diverse gambling interests. Over the years, many tribal gaming interests have stated they that would not support an iPoker proposal where horse racing is an eligible entity for licensure. Specific tribes have stated that only they and card-clubs have the right to offer live poker in the state, and if horse racing were allowed to participate, it would violate this exclusive right. The author states that a subsidy in lieu of a license will allow this long-storied agribusiness to continue to operate and thrive in California while not being financial impacted by the further expansion of iGaming in California.
The author believes this bill will create well-regulated iPoker framework in California that will be used as a national model for creating jobs and revenue for the state while providing a safe, regulated, and responsible entertainment option for its residents.
General Background: Some gaming experts say that legal gambling over the Internet is not just inevitable but mainstream and readily available to anyone desiring to partake in this activity. Recent reports state that Americans spent approximately $2.6 billion gambling online in 2012, despite it being illegal. Americans generate nearly 10 percent of the current $33 billion worldwide online gambling market. Most of that money went to illegal offshore gambling websites, meaning the websites are operated in other countries where online gambling is regulated or regulation is non-existent. These gaming sites are out of the reach of U.S. courts and regulators, exposing online players to significant risks without effective legal recourse.
Experts state that by 2020 the online gaming market is expected to witness substantial growth. This may be attributed to increasing number of users taking up online gaming as an entertainment tool. Furthermore, increasing consumer awareness towards interactive entertainment systems is also expected to drive the online gaming market demand. Availability of high speed internet connectivity, efficient hardware compatibility, sophisticated gaming techniques and increased consumer disposable income are some of the key factors driving the online gaming market.
Many gaming experts believe that legalizing intrastate Internet gaming could have a significant positive impact on state revenues by redirecting gaming revenues into a domestic, legal operation that otherwise currently go abroad. However, others have stated this is not easy because it would take time to establish operations, approve contracts, games, hubs, and convince existing players to redirect their gambling to legal, domestic sites.
The global legal framework for Internet gambling is a complicated mix of laws and regulations. In the United States, both federal and state statutes apply. Gambling is generally regulated at the state level, with federal law supporting state laws and regulations to ensure that interstate and foreign commerce do not circumvent them.
In October 2006, the United States Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), 31 U.S.C. 5361 et seq., which generally prohibits the use of banking instruments, including credit cards, checks, and fund transfers, for interstate Internet gambling, essentially prohibiting online gambling by United States citizens, but which includes exceptions that permit individual states to create a regulatory framework to enable intrastate Internet gambling, provided that the bets or wagers are made exclusively within a single state under specified circumstances.
On April 15, 2011, three online poker companies (PokerStars, Full Tilt Poker, Absolute Poker/UltimateBet) were indicted for violating U.S. laws that prohibit the acceptance of any financial instrument in connection with unlawful Internet gambling. The companies argued that poker is a game of skill rather than a game of chance, and therefore, online poker is not unlawful Internet gambling. The indictments, quickly dubbed “Black Friday” by the poker community, came as a shock to a large number of Americans — estimated between 1.3 million and 15 million — who were playing poker online for real money.
On July 31, 2012, the U.S. Attorney’s Office announced that the United States had entered into settlement agreements with PokerStars and Full Tilt Poker. U.S. District Judge Leonard B. Sand approved the $731 million settlement. Under the terms of the settlement with Full Tilt Poker, the company agreed to forfeit virtually all of its assets to the U.S. to fully resolve the charges in the complaint. Under the terms of the settlement with PokerStars, the company agreed to forfeit $547 million to the U.S. and to reimburse the approximately $184 million owed by Full Tilt to foreign players in order to fully resolve the allegations in the complaint. The settlement further provided that PokerStars would acquire the forfeited Full Tilt assets from the government. The settlements with regard to Full Tilt Poker and PokerStars, and a proposed settlement with Absolute Poker, “did not constitute admissions of any wrongdoing, culpability, liability, or guilt by any parties.”
On July 14, 2011, Senate Minority Whip Jon Kyl (R-Ariz.) and Senate Majority Leader Harry Reid (D-Nev.) sent a letter to U.S. Attorney General Eric Holder asking the U.S. Department of Justice to clarify its position regarding enforcement of online gambling laws.
On December 23, 2011, the Office of Legal Counsel of the DOJ issued a Memorandum Opinion, as an attachment letter to Senator Harry Reid’s July 2011 request. The opinion letter rejected DOJ’s long-held interpretation of the Wire Act, by concluding that the Act prohibits only sports betting. Until then, DOJ had consistently declared that the Act barred both "casino games and sports betting." DOJ noted that there appeared to be a conflict between the Act and UIGEA. DOJ stated that the “unlawful Internet gaming” of the UIGEA does not include intra-state transactions that, among other things, are routed across state lines. DOJ's new policy did not constitute federal regulation of Internet gambling, but removed obstacles, which prevented state governments from enacting legislation, rules and regulations to regulate intrastate iGaming and issue licenses to Internet gambling operators and their technology providers.
In summary, federal law prohibits online gambling by U.S. citizens but includes specific provisions that allow individual states to offer intrastate Internet gaming, provided that state laws permitting and regulating that activity could impose reasonable protections against participation by underage persons or by persons located outside the boundaries of the states. So far, only three U.S. states allow licensed online casinos and poker sites. These states are Nevada, Delaware, and New Jersey. In all three states, a significant portion of the established gaming interests in the states bought into the idea that online gambling could help – not harm – their business models.
California’s Involvement in iGaming Legislation: At stated above, under the terms of UIGEA, states may authorize intrastate Internet poker. California, however, currently has no such law. As such, it is legal to play poker in Native American tribal casinos and state-approved card clubs inside California, but not legal to play online poker on a site that allows players from California, other states, and other countries to wager against each other. The effect of the federal law prohibiting interstate internet gambling and California’s lack of a law authorizing intrastate internet gambling has been to channel players in California to offshore sites.
Internet gambling has been a topic of consideration in California for some time. With a population of nearly 38 million, California has the potential to be a lucrative Internet gambling market should the state choose to regulate Internet gambling, beyond pari-mutuel wagering on horseracing, in the future.
From 2008-2014, eleven legislative proposals have been introduced in California in an attempt to change the nature of Internet gambling. Each bill was referred to the respective Governmental Organization Committee in each house but no testimony or vote was ever taken on the issue.
In 2015, four bills (AB 431-Gray, AB 9-Gatto, AB 167- Jones-Sawyer, and SB 278-Hall) were introduced relating to the authorization of iPoker in California. Three of the bills (AB 9, AB 167, and SB 278) were never heard in the respective Governmental Organization Committee. AB 167 (Jones-Sawyer) would have permitted all card clubs, tribes, and racetracks to offer online poker in California. AB 9 (Gatto) did not permit licensing of racetracks and included a bad actor clause (would preclude operators that took bets in the U.S. after the passage of UIGEA in 2006). AB 431 (Gray) declared the intent of the Legislature to authorize iPoker in California and adopt a legal and regulatory framework. The bill was the first iPoker proposal to ever be heard and pass a legislative committee (Assembly G.O. and Appropriations) but was held on the Assembly Inactive File for further discussion. A summary of the various iPoker legislative proposals can be found on page 17.
Proponents state that providing a legal mechanism for iPoker offers an alternative to illegal gambling now being played on the Internet. Californians can be protected from unscrupulous gambling enterprises by licensing and regulating iPoker. Proponents further state, the eventual authorization of iPoker, will not only allow California to protect its consumers but also help law enforcement agencies work with the industry in preventing underage gambling, identity theft and other related fraud activity.
Proponents state that an iPoker framework in California would not only generate much needed revenue to the state but would spur a new industry in California that will provide economic inducements to California's economy, including jobs. In addition, under a state system, the state would retain tax revenues in contrast to a federal system where revenues would be divided between the state and federal government.
Opponents claim that legal Internet gambling represents the “Mother of All Expansions,” turning every home computer, school laptop, I-phone, I-pad and most cell phones into a gambling device, and every home, dorm-room, apartment and Wi-Fi business into a casino. Concerns center on whether widespread availability of legal and attractive iGaming system would become problematic with specific subgroups in the population, such as young adults. Opponents have raised concerns that the fast speed of online games and addictive nature of play can contribute to high player losses and gambling addictions.
California’s horse racing industry is the only legal industry in this state with experience in the realm of offering wagering over the Internet. Advance Deposit Wagering (ADW) as authorized by AB 471 (Hertzberg), Chapter 198, Statutes of 2001 is a system whereby a person establishes an account, or multiple accounts at a CHRB-approved “betting system” or a board-approved “multi-jurisdictional wagering hub.” When a person calls to place a wager from his or her account, the California law provides that they are actually providing “wagering instructions,” rather than actually making the wager themselves. In 20143, the total amount wagered by patrons through California's licensed ADW providers was more than $600 million.
On-line Poker Revenue Projections for California: Most gaming experts agree that the market for regulated online poker in California will be the largest in the United States. The state would benefit financially in three main ways: taxes paid on operator revenues and profits, income taxes from player winnings, and taxes paid by suppliers and employees of gaming sites. The largest revenue source would be from site operators who would pay fees based on Gross Gaming Revenues (GGR). GGR consists of total wagers made by customers less the winnings paid back to its customers, and a tax rate is applied on the base.
A forecast by Morgan Stanley stated that given California’s population of 38 million people (vs. NJ's 8 million), “we expect the market to reach $1.1B by 2017.” Morgan Stanley estimates that the online poker market in California will be approximately $435 million in Year 1, growing to $1.1 billion by Year 3.
A study published by Academicon and PokerScout in December 2013 stated, if California were to legalize and regulate online poker, the market could generate revenue between $217 million and $263 million in its first year of operation and up to $384 million in year ten.
A 2011 study by former California Finance Director Timothy Gage stated that online poker could generate as much as $1.4 billion in revenue over the first decade if a bill was passed. This income would come from direct and indirect taxes tied to the wagering activity. The study further stated that up to 1,300 new jobs could possibly be created – led by jobs in marketing services, high tech jobs like programmers, and gaming providers.
California's population is larger than every country in Europe but eight and is viewed by many as possessing the needed online poker liquidity to maintain the player base that is crucial to ensure that such a system is successful from a monetary standpoint.
States that have legalized Internet Gaming: Nevada allows interactive wagering on poker and sports; Delaware allows betting on table games, video lottery, and poker; and New Jersey permits casino games and poker. Currently, New Jersey dominates the market, with about 90 percent of total U.S. online gaming revenue. Poker represents about one-third of total online gaming market in those three states.
Nevada: An Internet gaming bill, AB 466, was enacted in June 2001. It authorized certain commercial casinos to offer so-called “interactive gaming.” Interactive gaming, currently limited to intrastate Internet poker, went live in April 2013 pursuant to final regulations that were promulgated in December 2011. Nevada prohibits Internet gambling businesses that knowingly and intentionally took or facilitated unregulated U.S. bets after December 31, 2006, from obtaining interactive gaming licensure for five years, after the enactment of AB 466. Nevada has two web poker operators—a World Series of Poker (WSOP)-branded online poker site and an online site from South Point Casino (Real Gaming). Nevada’s gross revenue from gaming is generally subject to a 6.75 percent tax.
At the end of 2014, an online poker site from Station Casinos (Ultimate Gaming) stopped offering iPoker due to lackluster revenue. The Nevada Gaming Control Board (NGCB) also stopped releasing revenue figures, as the state requires at least three operational sites before such data is released. In 2015, Nevada and Delaware entered into an interstate poker player sharing agreement, and following an initial boost to iPoker revenues, the revenue numbers returned to pre-compact levels.
New Jersey: An Internet gaming bill, A2578, was enacted in February 2013. It authorized commercial casinos to offer iGaming in the state of New Jersey. Internet gaming, currently limited to intrastate Internet poker, table games and slots, went live in November 2013 pursuant to final regulations that were promulgated in September 2013. New Jersey requires its online gambling licensees to collaborate with a brick-and-mortar casino partner. Six commercial casinos are currently operating Internet gambling websites. Furthermore, each casino has multiple online gaming websites operating under their license. The Division of Gaming Enforcement (DGE) determines license suitability of a participant. The state does not have specific language in its Internet gaming statute or regulations that expressly addresses so-called "bad actors." New Jersey taxes online gambling revenue at a rate of 15% of gross gaming revenue.
In 2015, according to the DGE, the online revenue came to $148.8 million, 21% higher than 2014’s total. Total online casino revenue in 2015 was $125 million, up one-third from 2014, while poker revenue fell 18% to $23.8 million. The state’s annual tax from online gambling was $18.4 million. Overall, online gambling has risen in popularity since New Jersey introduced regulation in 2013, and currently it accounts for approximately 8% of the Garden State’s overall gambling market.
In December 2013, the DGE suspended their review of a license application by the former owners of PokerStars, citing legal concerns about management’s outstanding issues with the DOJ. In 2014, Pokerstars, also the owner of Full Tilt, sold their gambling business to Amaya Gaming Group for $4.9 billion. In addition, specific executives stepped down as part of the sale to Amaya. After a lengthy investigation, in September 2015, Amaya received its approval (Transactional Waiver Order) to operate PokerStars and Full Tilt in the state. PokerStars began accepting wagers on March 2016. On April 1, 2016, Amaya’s online gaming license was renewed (Transactional Waiver Order) by the DGE for another six months. PokerStars NJ operates in conjunction with its partner, Resorts Casino Hotel in Atlantic City, and offers both poker and casino games online at PokerStarsNJ.com to players who are physically located in the state.
In 2016, the Pala Band of Mission Indians, a California tribe partnered with the Borgata Hotel Casino & Spa to supply the casino with its online gaming platform and to provide both online poker and casino games to residents of the state. The tribe was licensed by the DGR in 2014.
Delaware: An Internet gaming bill, HB 333, was enacted in 2012. It authorized games, such as slots, roulette, poker and blackjack, which are to be played on each Delaware casino's websites (horse racetracks with casinos) and controlled centrally by the Delaware State Lottery.
A single provider powers the state’s online casino and poker offerings (888 and Scientific Games). Total online gaming revenue (all games) for 2015 was $1.8 million, 14% lower than the $2.1 million collected in 2014. Poker accounted for approximately $500,000 of that total revenue figure. When poker first became legalized online in 2013, monthly revenues routinely were between $50,000 and $100,000. The market topped out in December 2013, as poker rake and fees reached $106,922. Since June 2014, those amounts have not reached the $50,000 threshold. The state’s revenue sharing arrangement with the three casinos authorized to offer online gambling allows it to keep the first $3.75 million of online revenue, meaning the casinos did not share in any of the revenue. The state has experienced low registration rates and the wagering games are not available on devices such as tablets and smart phones.
States that ban iGaming: Eight states have enacted laws expressly prohibiting iGaming. Illinois, Indiana, Louisiana, Montana, Nevada, Oregon, South Dakota, and Washington prohibit Internet Gambling. Additionally, Washington law provides that a person that transmits or receives gambling information by the Internet is guilty of a felony.
2015 Legislative Action by States: In 2015, seven states considered but did not enact legislation that would authorize Internet gambling or amend existing Internet gambling statutes. Some states, including California and New York, considered legislation that would authorize Internet poker, only, while others, including Pennsylvania, considered bills that would authorize some combination of Internet poker, table games and slot games. The states were as follows:
California, Delaware, Illinois, Massachusetts, New Jersey, New York, Pennsylvania.
In Pennsylvania, HB 649 (Representative Payne) would legalize and regulate online gaming with licenses going to the state’s existing land-based casinos. The tax rate the state will impose on online gambling operators remains unresolved at this point, with the House calling for a 16 percent tax on gross gaming revenue, while the Senate’s bill version would impose a 54 percent tax on GGR. The bill does not contain so-called “bad actor” language. HB649 is pending on the House floor. It should be noted that California, New York and Pennsylvania, account for roughly 22 percent of the U.S. population.
In May 2015, New York State Senator John Bonacic introduced S5302B that would license online poker in the state. Online poker companies would be required to partner with an existing racino or commercial casino. The bill contains a tax rate of 15 percent on online poker operators, who would also have to pay $10 million for a 10-year license. Up to 10 licenses could be awarded. The bill does not contain so-called “bad actor” language. The 2016 Legislature adjourns on June 16.
In March 2015, Morgan Stanley revised its forecast for the nationwide online betting market at $2.7 billion by 2020, down from the $5 billion it predicted in late September 2014. The firm cited several reasons for the reevaluation, from payment processing and geolocation problems, to a lack of effective marketing and the continued strength of the offshore market. The firm forecasts the 2017 online market will be $410 million, down from an initial estimate of $1.3 billion. It predicts 15 states will legalize online gambling by 2020, with legalization in larger states prompting smaller ones to follow suit.
What about Federal Legislation to Regulate iGaming? On the federal level, proposals have been introduced to establish a federal regulatory system for Internet gaming. Congressional representative Barney Frank (2010), Senator Harry Reid (2012), Congressman Peter King (2013), and Congressman Joe Barton (2011 & 2013) introduced bills which would have instituted federal regulation of a legalized system of Internet gaming. However, all of the bills stalled in their respective house of origin. It has been stated that Federal regulation would provide a single, comprehensive mechanism for consistent licensing, operation and enforcement of U.S. Internet gambling laws.
2015 Federal Action - The Restoration of America’s Wire Act: In 2015, Representative Jason Chaffetz (R-UT) and Senator Lindsey Graham (R-SC) respectively introduced the Restoration of America's Wire Act (RAWA) bill in the House and Senate for the second consecutive year. RAWA would amend provisions of the federal criminal code, commonly known as the Federal Wire Act of 1961, to provide that the prohibition against transmission of wagering information shall apply to any bet or wager, or information assisting in the placing of any bet or wager (thus making such prohibition applicable to all types of gambling activities, including Internet gambling. Two Congressional hearings were held on the contents of RAWA but no further action was taken.
In Support: San Manuel Band of Mission Indians, Morongo Band of Mission Indians, Commerce Casino, Bicycle Casino, Hawaiian Gardens Casino, and Amaya Inc./PokerStars writes, "this bill will protect consumers, create jobs, and strengthen our state’s economy by authorizing and regulating intrastate, Internet Poker in California. Authorizing online poker will be good for millions of consumers and poker players who will benefit from a safe, regulated, commercial gaming environment where they are protected and assured that the games are fair and honest. AB 2863 will establish a vibrant, competitive marketplace, provide superior consumer protections, require strict oversight and regulation of licensees and service providers, and ensure that the state receives a reasonable return. We also appreciate the author's inclusive, transparent approach for getting all parties to dialogue. We are confident the few remaining issues can be resolved and an agreement can be reached to finalize AB 2863 as it moves through the legislative process. Every year that California fails to act not only puts consumers at risk while playing online games from unregulated offshore localities that provide few protections, but our state also loses out on collecting hundreds of millions of dollars that can be used for essential programs like public schools, public safety, healthcare and social services."
The Service Employees International Union (SEIU) writes, "SEIU represents over 700,000 workers statewide, including pari-mutuel clerks at California’s Thoroughbred Racing facilities. We have been a part of the discussions regarding Internet Poker legislation and look forward to passing legislation this year that will bring additional revenue and jobs to our state. We would also like to make a few comments on the direction and intent of the bill. First, the $60 million payment in AB 2863 for the horse racing industry is a much-needed boost to the industry. We hope to work with you as the bill moves forward to ensure that the industry and its workers benefit from this revenue source."
The Thoroughbred Owners of California, Del Mar Thoroughbred Club, California Thoroughbred Breeders Association, The Jockeys Guild, California Authority of Racing Fairs, California Teamsters Public Affairs Council, California Thoroughbred Trainers, Los Alamitos Racing Association, SEIU California writes, on behalf of the California horse racing and breeding industries, in support of AB 2863. "More specifically, we write on behalf of the racetracks, fairs, jockeys, pari-mutuel clerks and thousands of California horse owners and trainers who have invested hundreds of millions of dollars into our state’s economy to support the $2.5 billion agribusiness. The Thoroughbred industry in California employs more than 50,000 people. The racing, breeding and training of horses occurs in 28 counties within California and attracts fans, breeders and owners from around the world. In 2001, the California Legislature granted exclusive authority to the horse racing industry to offer wagering on the Internet via advanced deposit wagering or ADW. This right was authorized following the passage of tribal gaming under Proposition 1A, which directly resulted in a 40% decline in racing industry revenues. ADW has helped partially offset the tremendous disadvantage that horse racing currently faces as the only major racing state which does not participate in any form of alternate gaming revenues (i.e., sharing in percentage of slot machines, casino games or having the right to offer such games as is the case in other major racing states like New York, Florida, and Maryland). For comparison, in 2014 the horse racing industry in New York received over $238 million from state casino interests to support live racing. This financial imbalance with other racing states continues to threaten the viability of horse racing in California, tens of thousands of jobs and billions of dollars in agricultural investment. With our industry’s increasing reliance on Internet wagering and the lack of other gaming revenue support, we are obligated to take a hard look at any new form of online gambling in California." To protect against any misunderstandings or false precedents that could impact such other legislation, we would ask for clarifying language in AB 2863 to the effect that: The Chapter authorizes Internet poker only and nothing in this chapter shall preclude a horseracing association from participating in future Internet gambling activities that do not include Internet
poker.
The Pokers Players Alliance writes, California has a long tradition with the game of poker and card rooms. This bill charts the course towards responsible regulation of iPoker and puts California at the leading edge of this burgeoning industry. AB 2863 will corral the current unregulated marketplace and turn it into a system that is safe for consumers and accountable to regulators. This bill mandates technologies to protect consumers from fraud, eliminates underage access and mitigates compulsive gambling behaviors. These regulatory safeguards are not theoretical. They are reality. Today three states – Nevada, Delaware and New Jersey – have authorized and are regulating Internet poker. In these states, the regulated operators are accountable to the players, regulators, and law enforcement and they are continually reviewed to ensure they are meeting, and exceeding, the prescribed technical safeguards.
In Opposition: The Coalition to Stop Internet Gambling (CSIG) writes in opposition, “CSIG is opposed to this legislation because if approved it would hurt California families and the California economy.” Internet Poker is an assault on California’s children and families. Legalization of Internet Poker will place a casino in every person’s living room, mobile device, or tablet—24 hours per day, 7 days per week and represent the largest gambling expansion in California’s history. Internet Poker is riddled with false promises that stifle economic development. California should not be led down this path by offshore gaming operators with questionable legal histories whose only intention will be to drive our state’s consumers away from California facilities and into their servers and databases. Legalized Internet gaming has been a fiscal loser for the states who have legalized it and the financial promises made by proponents never been met. The risks far outweigh the rewards. There is no compelling policy reason to approve Internet Poker, the public is demonstrably opposed, and it puts kids at risk and provides safe harbor for illicit money laundering."
Related legislation: AB 1437 (Gray) of the 2015/2016 Session. Would enact the Internet Fantasy Sports Games Consumer Protection Act, which would require a person or entity to apply for, and receive, a license from the DOJ prior to offering an Internet fantasy sports game for play in California. (Pending in Senate Rules Committee)
Prior legislation: AB 431 (Gray) of 2015. Would declare the intent of the Legislature to authorize Internet poker in California and adopt a legal and regulatory framework that complies with federal law. The bill declares the framework shall include strict standards to ensure the fairness and integrity of the games, appropriate consumer protections, fair revenue for the state, safeguards against underage play, and mechanisms to address negative impacts of Internet poker gambling. (Held on the Assembly Floor)
AB 9 (Gatto) of 2015. This bill, which would be known as the Internet Poker Consumer Protection Act of 2015, would have established a framework to authorize intrastate Internet poker, as specified. The bill did not permit licensing of horse racing entities and excluded any company that accepted bets after December 31, 2006 in the U.S. without proper licensing, as specified. (Never Heard in Assembly G.O. Committee)
AB 167 (Jones-Sawyer) of 2015. This bill, which would be known as the Internet Poker Consumer Protection Act of 2015, would have permitted card clubs, tribes, and racetracks to offer intrastate online poker in California, as specified. (Never Heard in Assembly G.O. Committee)
SB 278 (Hall) of 2015. Would have authorized the operation of an Internet poker web site within the borders of the state. The bill required CGCC, in consultation with DOJ, to promulgate regulations for intrastate Internet poker. The regulations would include, but not be limited to, a licensing process for an individual or entity to become an operator of an Internet poker Web site and rules for the operation of an Internet poker Web site. (Never Heard in Senate G.O. Committee)
AB 2291 (Jones-Sawyer) of 2013/2014 Session. Would have authorized intrastate Internet poker, as specified. (Never heard in Committee on Assembly G.O.)
SB 1366 (Correa) of 2013/2014 Session. Would have authorized intrastate Internet poker, as specified. The bill would authorize eligible entities to apply for a license to operate an intrastate Internet poker Web site offering the play of authorized games to players within California, as specified. (Never heard in Committee on Senate G.O.)
SB 51 (Wright) of 2013/2014 Session. Would have authorized intrastate Internet gambling, as specified. Would have authorized eligible entities to apply to CGCC for a 10-year license to operate an intrastate Internet gambling Web site offering the play of authorized gambling games to registered players within California. (Never heard in Committee on Senate G.O.)
SB 678 (Correa) of 2013/2014 Session. Would have authorized intrastate Internet poker, as specified. The bill would have authorize eligible entities to apply for a license to operate an intrastate Internet poker Web site offering the play of authorized games to players within California, as specified. (Never heard in Committee on Senate G.O.)
SB 1463 (Wright) of 2011-12 Session. Would have enacted the "Internet Gambling Consumer Protection and Public-Private Partnership Act of 2012" for the stated purpose of authorizing, intrastate Internet gambling. (Never heard in Committee on Senate G.O.)
SB 40 (Correa) of 2011-12 Session. Would have authorized intrastate Internet poker, as specified. The bill required the CGCC to adopt emergency regulations, in consultation with the department, providing for the issuance of licenses to operate intrastate Internet poker Web sites.
SB 45 (Wright) of 2011-12 Session. Would have established a framework to authorize intrastate
Internet gambling, as specified. The bill would have required the Bureau to issue a request for proposals to enter into contracts with up to 3 hub operators, as defined, to provide lawful Internet
gambling games to registered players in California for a period of 20 years, as specified. (Never heard in Committee on Senate G.O.)
SB 1485 (Wright) of 2009-10 Session. Would have enacted the "Internet Gambling Consumer Protection and Public-Private Partnership Act of 2010" for the stated purpose of authorizing, intrastate Internet gambling. (Never heard in Committee on Senate G.O.)
AB 2026 (Levine) of 2007-08 Session. Would have authorized the intrastate play of various Internet poker games to be offered by licensed gambling establishments registered with CGCC.
(Never heard in Committee on Senate G.O.)
REGISTERED SUPPORT / OPPOSITION:
Support
Bicycle Casino
California Authority of Racing Fairs
California Teamsters Public Affairs Council
California Thoroughbred Breeders Association
California Thoroughbred Trainers
Commerce Casino
Del Mar Thoroughbred Club
Hawaiian Gardens Casino
Jockeys Guild
Lake Elsinore Casino
Los Alamitos Racing Association
Morongo Band of Mission Indians
Napa Valley Casino
Pala Band of Mission Indians
Poker Players Alliance
Amaya Inc./PokerStars
Rincon Band of Luiseño Indians
San Manuel Band of Mission Indians
SEIU California
Stones Gambling Hall
Thoroughbred Owners of California
United Auburn Indian Community
Opposition
Coalition to Stop Internet Gambling
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531
ASSEMBLY THIRD READING
ATR Bill Id:AB 2863
Author:(Gray and Jones-Sawyer)
As Amended Ver:June 27, 2016
2/3 vote. Urgency
Committee | Votes | Ayes | Noes |
Governmental Organization | 19-0 | Gray, Bigelow, Alejo, Bonta, Campos, Cooley, Cooper, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Roger Hernández, Jones-Sawyer, Levine, Linder, Maienschein, Salas, Steinorth, Wilk | |
Appropriations | 14-1 | Gonzalez, Bigelow, Bloom, Bonilla, Bonta, Calderon, Daly, Gallagher, Eduardo Garcia, Roger Hernández, Holden, Obernolte, Quirk, Wood | Jones |
SUMMARY: This bill is the Internet Poker Consumer Protection Act of 2016 (Act), establishes a framework to authorize intrastate Internet poker in California. Specifically, this bill:
- Establishes the Internet Poker Consumer Protection Act of 2016 (Act) and authorizes the California Gambling Control Commission (CGCC) and the Department of Justice (DOJ) to license and regulate internet poker.
- Defines the types of entities eligible to get an operator's license, including that the operator must be either a cardroom or a federally recognized California Indian tribe meeting certain criteria.
- Provides an entity, as defined above, shall have operated its land-based gaming facility for at least three immediately preceding its application to secure a license to operate an Internet poker Web site pursuant to this Act, and shall be in good standing during that time period with the applicable federal, state, and tribal regulatory authorities.
- Allows a person who is 21 years of age or older and located within California to participate as a registered player in an authorized Internet poker game provided by a licensed operator on an authorized poker Web site.
- Provides the bill does not authorize any game offered in Nevada or New Jersey other than poker.
- Requires CGCC, in consultation with DOJ, to adopt regulations within 270 days after the effective date of the Act. The regulations adopted by CGCC shall at a minimum address the following: a) Underage gambling and problem gambling; b) Gaming system technical standards and practices; c) Hardware and software standards and compliance; d) License and work permit issuance and processes; e) Suitability standards and determinations; f) Temporary, provisional, and emergency approvals; g) Effect of receiverships, bankruptcy, insolvency, inheritance, and trusts affecting ownership of a licensee; and h) Appeals from adverse decisions. The regulations adopted by DOJ shall at a minimum address all of the following: a) Approval of an authorized Internet poker game; b) Authorized Internet poker game rules; c) Authorized Internet poker gaming activities; and d) Registered player-assessed fees, as necessary.
- An eligible entity seeking to offer authorized Internet poker games shall apply to DOJ for a determination of suitability. If DOJ determines the applicant is suitable to receive a license, the applicant shall then apply to CGCC for an operator license. The applicant shall pay an application-processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
- States employees of the licensed operator shall undergo a suitability review and obtain work permits, as specified. Owners, officers, and directors of licensed operators shall also undergo a suitability review and obtain employee work permits, as defined. CGCC may refuse to issue a license to an applicant, or suspend or revoke a license of a licensed operator that fails to comply with this requirement.
- Provides an applicant for an operator license pursuant to this bill that is a tribe shall include with its license application a limited waiver of the applicant's sovereign immunity, as specified.
- Provides that an operator license denoting full licensure shall be issued for a term of seven years. Each initial operator license issued pursuant to this section shall take effect on the same date. A licensee's employees in direct contact with registered players shall be physically present in the state. All primary servers, facilities, bank accounts, and accounting records of the licensee related to authorize Internet poker shall be located in the state, except as defined.
- Provides in addition to any other confidentiality protections afforded to license applicants, the state and its agencies shall treat the proprietary information of a license applicant as confidential to protect the license applicant and to protect the security of any prospective authorized poker Web site. This Act will not prohibit the exchange of confidential information among state agencies considering a license application.
- Provides an entity seeking to act as a service provider shall apply to DOJ for a determination of suitability. If DOJ determines the applicant is suitable to receive a license, the applicant shall then apply to CGCC for a service provider license, and obtain a service provider license, before providing goods or services to a licensed operator in connection with the operation of an authorized poker Web site. The applicant shall pay an application processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license. DOJ may establish a process to conduct a preliminary determination of suitability based on a partial investigation.
- Provides the CGCC may impose limitations and conditions upon the issuance of the service provider license or the utilization of the applicant's assets acquired before the enactment of this Act or provision, or both, with respect to its operations in the state.
- Provides before CGCC issues a service provider license to an applicant, DOJ shall conduct the full investigation of the following persons: a) All officers of the license applicant; b) The owner or owners of either of the following: i) The license applicant and ii) Any corporate affiliate of the license applicant. c) Any persons otherwise providing goods to, or performing services for, the license applicant related to core functions; d) Any person deemed by DOJ to have significant influence over the license applicant or its service providers or their respective operations; and e) In the case of a tribe or a wholly owned tribal entity that is a service provider, the investigation shall be limited to the business officers of the tribal entity that will serve as the service provider.
- States the full investigation shall include a review and evaluation of the service provider's qualifications and experience to provide the services anticipated which shall include the required submission of a report prepared on each service provider by an outside firm contracted and supervised by DOJ, in a format developed by the department, and at the service provider's expense. The report shall include information necessary for DOJ to make a determination of suitability, as specified in regulations adopted pursuant to this bill, consisting of, but not limited to, personal history, prior activities and associations, credit history, civil litigation, any indictments, past and present financial affairs and standing, and business activities, including whether the applicant or an affiliate of the applicant has a financial interest in any business or organization that is or was engaged in any form of gaming or transactions related to gaming prohibited by the law of the federal or state jurisdiction in which those activities took place. DOJ shall consult with officials of the United States (U.S.) Department of Justice, other states, and international jurisdiction where the applicant has sought to be or has been licensed. DOJ may specify additional requirements regarding the contents of the report and other information or documentation required to be submitted.
- Establishes a rebuttable presumption that an applicant for a service provider license is unsuitable if either of the following occurred:
- A member of the board of directors of, the chief executive officer of, or a shareholder holding more than 10% of the shares of the applicant, or its corporate affiliate, has held a similar or equivalent position with an organization that knowingly and willfully accepted a bet, or engaged in a financial transaction related to that bet, after December 31, 2006, from a person located in the United States on any form of Internet gambling, including, but not limited to, poker, that was not affirmatively authorized by the law of the United States, or of the state in which the bet or related financial transaction was initiated, or that was otherwise legal.
- A member of the board of directors of, the chief executive officer of, or a shareholder holding more than 10% of the shares of the applicant, or its corporate affiliate, has held a similar or equivalent position with an organization that knowingly facilitated or otherwise provided services with respect to bets, or engaged in a financial transaction related to those bets, after December 31, 2006, involving persons located in the United States, and acted with knowledge of the fact that those bets or financial transactions were not affirmatively authorized by the law of the United States, or of the state in which the bet or related financial transaction was initiated, or that was otherwise legal.
An applicant may rebut the presumption, as described above by proving to DOJ, by a preponderance of the evidence, any of the following: a) The acceptance of the bet or wager, the engagement in the transaction, or the facilitation of the wager or financial transaction was not knowing or intentional; b) The bet or wager was accepted, or the transaction was engaged in, notwithstanding reasonable efforts by the applicant, or its corporate or marketing affiliate, to exclude bets or wagers from the person; c) The acceptance of the bet or wager, the engagement in the transaction, or the facilitation of the wager or financial transaction occurred within a reasonable time period in order to cease those activities in the United States; and d) The person described in b) is no longer affiliated with the applicant.
- Provides CGCC would be prohibited from granting an applicant a service provider license until January 1, 2021, if the applicant accepted a bet or wager of any form on Internet gambling, as specified, between December 31, 2006, and December 31, 2011, from a person located in the United States and without a license or authority pursuant to comparable federal or state law in the jurisdiction where the bet or wager was made or the facilitation of the wager or financial transaction occurred.
Would authorize an applicant for a service provider license who meets the description above to obtain a service provider license before January 1, 2021, if the applicant pays a one-time fee in the amount of $20,000,000, to be deposited into the General Fund, and otherwise meets the qualifications and suitability criteria under the bill.
- Provides a licensed operator shall ensure that registered players are eligible to play authorized Internet poker games and implement appropriate data security standards to prevent access by a person whose age and location have not been verified, as specified. A registered player shall be physically located within the State of California at the time of gambling. Provides DOJ may assess a civil penalty against a person who violates this provision, whether a licensed operator, owner, service provider, or player, as specified.
- Provides all personally identifiable information about registered players shall be shared with state agencies, including, but not limited to, DOJ, CGCC, the Franchise Tax Board, and the Department of Child Support Services as necessary to assist them in fulfilling their obligations, as specified.
- States a licensed operator shall protect the privacy of registered players and their personally identifiable information, as specified. A licensed operator shall comply with all applicable state and federal privacy and data protection laws, as specified.
- Provides a licensed operator shall establish a book of accounts and regularly audit all of its financial records and reports, as specified. Provides a licensed operator shall make all financial records established and maintained, as defined, including, but not limited to, all books, records, documents, financial information, and financial reports, available on an electronic basis, as required by CGCC, DOJ, or other state agencies, as specified. Document and implement preventive and detective controls addressing money laundering and fraud risks.
- States a licensed operator may charge registered players to play in authorized Internet poker games, as defined.
- Provides a licensed operator shall remit to the Treasurer a one-time license deposit in the amount of $12,500,000, to be deposited into the General Fund, as specified. Specifies that $6,250,000 of the one-time license deposit shall be credited against the duty imposed the licensed operator's gross gaming revenues, as described. Upon depletion of the credit amount, CGCC shall notify the licensed operator to commence with the annual payments to the state, as defined.
- States in consideration of the substantial value of each license, a licensed operator shall remit to the Treasurer on an annual basis for deposit in the General Fund, as defined, based upon the annual cumulative total of gross gaming revenues for all licensed operators during the calendar year as follows: a) If annual gross gaming revenues are less than or equal to $150,000,000, the rate percent is 8.847%; b) If annual gross gaming revenues are more than $150,000,000 and less than or equal to $250,000,000, the rate percent is 10%; c) If annual gross gaming revenues are more than $250,000,000 and less than or equal to $350,000,000, the rate percent is 12.5%; d) If annual gross gaming revenues are more than $350,000,000, the rate percent is 15%.
- States each licensed operator shall pay an annual regulatory fee, to be deposited in the Internet Poker Fund, in an amount to be determined by the CGCC, for the reasonable costs of license oversight, consumer protection, state regulation, problem gambling programs, and other purposes related to this chapter, determined on a pro rata basis depending on the number of licensed operators in the state.
- Provides moneys collected each fiscal year, as defined, shall be deposited as follows:
- Eighty-five percent, in an amount not to exceed $57,000,000, in the California Horse Racing Internet Poker Account, which is hereby created in the General Fund. Funds shall be annually distributed as follows:
- One and three-twentieths percent to the defined contribution retirement plan for California-licensed jockeys, as specified.
- One and three-twentieths percent to provide health and welfare benefits for California-licensed jockeys, former California-licensed jockeys, and their dependents, as defined.
- Two and three-tenths percent to supplement the pension plan for pari-mutuel employees administered on behalf of the labor organization that has historically represented the employees who accept or process any form of wagering at the horse racing meetings and for other entities licensed to conduct wagering on horse races in California, as specified.
- Ninety-five and four-tenths percent to racing associations or fairs as commissions, to horsemen participating in the racing meeting in the form of purses, and as incentive awards, as specified.
- Five percent, in an amount not to exceed $3,000,000, to the State Treasury to the credit of the Fair and Exposition Fund, for use at Class I to IV+ fairs, inclusive, as defined.
- Eighty-five percent, in an amount not to exceed $57,000,000, in the California Horse Racing Internet Poker Account, which is hereby created in the General Fund. Funds shall be annually distributed as follows:
- Provides the licensed operator shall facilitate the collection of personal income taxes from registered players by the Franchise Tax Board and shall be responsible for providing current and accurate documentation on a timely basis to all state agencies, as provided.
- Provides DOJ or CGCC may contract with other public or private entities, including, but not limited to, state, tribal, and international regulatory agencies, for the provision of services related to a responsibility imposed on the department or CGCC by this Act, as defined.
- Establishes the Unlawful Gambling Enforcement Fund (Fund) in the General Fund, which is intended to ensure adequate resources for law enforcement. The Fund will consist of an undetermined share of revenue from civil penalties recovered by law enforcement authorities, all amounts of property recovered and all revenue from civil penalties recovered, an undetermined percent of duties paid by licensed operators, and up to an undetermined amount may be expended annually, upon appropriation by the Legislature. Provides that any violation of the Internet Poker Consumer Protection Act of 2016 is punishable as a felony
- Requires CGCC, in consultation with DOJ, the Treasurer, and the Franchise Tax Board, to issue a report to the Legislature describing the state's efforts to meet the policy goals articulated in this bill within one year of the operative date of this bill and annually thereafter. Requires the Bureau of State Audits, at least four years after the issue date of any license by the state, but no later than five years after that date, to issue a report to the Legislature detailing the implementation of this bill, as specified.
- Provides the Act shall remain in effect until January 1, 2024.
EXISTING LAW:
- In 2000, Californians approved Proposition 1A which amended State Constitution Article IV Section 19 to allow slot machines, lottery games, and banking and percentage card games on Indian tribal lands if: a) The Governor and an Indian tribe reach agreement on a compact; b) The Legislature approves the compact; and c) The federal government approves the compact. Proposition 1A was a follow-up to a court's determination that a 1998 statutory initiative authorizing tribal casinos (Proposition 5) was unconstitutional. The State of California has signed and ratified Tribal-State Gaming Compacts with 72 Tribes and there are Secretarial Procedures in effect with one Tribe. There are currently 60 casinos operated by 58 Tribes.
- Existing federal law, the Federal Indian Gaming Regulatory Act (IGRA) of 1988, established the jurisdictional framework that presently governs Indian gaming. Under IGRA, before a tribe may lawfully conduct class III gaming (games commonly played at casinos, such as slot machines and black jack), the following conditions must be met: a) The particular form of class III gaming must be permitted in the state; b) The tribe and the state must have negotiated a compact that has been approved by the Secretary of the Interior; and c) The tribe must have adopted a tribal gaming ordinance that has been approved by the chairman of the National Indian Gaming Commission.
- States the Legislature has no power to authorize, and shall prohibit, casino games of the type currently operating in Nevada and New Jersey.
- In 1984, California voters passed Proposition 37, an exception to the State Constitution prohibition against lotteries. Proposition 37 included the California Lottery Act and created the California State Lottery.
- In 1933, California voters passed Proposition 5, an exception to the State Constitution, legalizing pari-mutuel wagering on horse racing. Regulation of horse racing is the responsibility of the California Horse Racing Board (CHRB), which was established by the Legislature in 1933.
- Provides an exception to the California Constitution to allow the Legislature to authorize cities and counties to provide for charitable bingo games. (California Constitution Article IV Sections 19(b) and 19(c).)
- The Gambling Control Act of 1997 established the CGCC to regulate legal gaming in California and the Bureau of Gambling Control within the DOJ to investigate and enforce controlled gambling activities in California. It prohibits gambling in a city or county that does not have an ordinance governing certain aspects of the operation of gambling establishments, including the "hours of operation" of gambling establishments. The Act granted the CGCC licensing jurisdiction over the operation of card clubs and of all persons having an interest in the ownership or operation of card clubs.
- Provides that, until January 1, 2020, if a local jurisdiction had not authorized legal gaming within its boundaries prior to January 1, 1996, then it is prohibited from authorizing legal gaming. Furthermore, until January 1, 2020, the California Gambling Commission is prohibited from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, unless an application to operate that establishment was on file with the division prior to September 1, 2000.
- Provides "Gambling operation" means exposing for play one or more controlled games that are dealt, operated, carried on, conducted, or maintained for commercial gain.
- Provides that a "banking game" or "banked game" does not include a controlled game if the published rules of the game feature a player-dealer position and provides that this position must be continuously and systematically rotated amongst each of the participants during the play of the game.
- Authorizes and defines "Advance Deposit Wagering" as a form of pari-mutuel horse wagering in which a person "establishes an account with a board-approved betting system or wagering hub where the account owner provides 'wagering instructions' authorizing the entity holding the account to place wagers on the owner's behalf via the phone or Internet.
- Existing federal law, the Unlawful Internet Gaming Enforcement Act of 2006 (UIGEA), prevents U.S. financial institutions from processing payments to online gambling businesses. The UIGEA does exempt three categories of transactions: intra-tribal, intrastate, and interstate horse racing. The UIGEA defines intrastate transactions are bets or wagers that are made exclusively within a single state, whose state laws or regulations contain certain safeguards regarding such transactions, expressly authorize the bet or wager and the method by which the bet or wager is made, and do not violate any provisions of applicable federal gaming statues.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Annual special fund costs to DOJ in the range of $5 million to $10 million in 2016-17, 2017-18, and 2018-19, to review and approve game rules and gaming activities, hire and retain staff with technical expertise, and develop and enforce regulations. Annual costs beginning in 2017-18 will be offset by application fees and ongoing regulatory fees.
- Significant one-time special fund costs to DOJ on top of expected annual costs for the initial processing of potential licensees. It can be expected that in the initial years of the authorization of Internet poker, DOJ will need a large number of additional investigators and enforcement staff to complete determinations of suitability and to conduct investigations. The precise number of potential licensees and the infrastructure that DOJ will need is unknown, but these startup costs could be as high as $70 million in 2017-18.
- Significant costs to CGCC of at least $2.5 million, $3.5 million, and $2.9 million in 2016-17, 2017-18, and 2018-19, respectively. Major cost drivers for CGCC include promulgating emergency regulations and beginning the development of permanent regulations, hiring staff with technical expertise, and one-time equipment costs, and other overhead expenses. Annual costs beginning in 2017-18 will be offset by application fees and ongoing regulatory fees.
- Annual transfer of revenue generated from license deposits and a duty on gross gaming revenues of up to $57 million to the California Horse Racing Board and up to $3 million to the Fair and Exposition Fund, as required by this bill.
- Unknown General Fund revenue, possibly in the millions, from the tax on gross gaming revenue and the license deposit for licensed operators.
COMMENTS:
Purpose of the bill: For over a century, gambling in California was confined to horse racing tracks and card rooms. Then, the California Lottery was authorized in 1984 and, through a series of federal court cases, changes in federal law, and Proposition 5 and 1A—casino gambling on Native American tribal lands emerged in the last decade of the 20th century. Now it appears that the Internet poker might be the next phase of gambling expansion in California.
The author states, in addition, to countless meetings held among the various stakeholders and interested parties, both supporting and opposing the concept of Internet poker, the Legislature has held numerous informational hearings and taken hours of testimony over the past 8+ years on the issues and challenges surrounding the authorization of intrastate Internet poker in California. On June 24, 2015, the Assembly Governmental Organization Committee (G.O.) held a lengthy informational hearing titled "The Legality of Internet Poker – How Prepared Is California to Regulate It." These hearings have helped to identify problems and solutions that have narrowed the differences among various stakeholders.
The author emphasizes that although various stakeholders and interested parties have different views relating to the legalization of iPoker in California, those entities have worked together in good faith toward the development of a regulatory framework. This bill is the product of hours of meetings and negotiations with all interested stakeholders.
It has been reported that well over a million Californians are playing Internet poker on Web sites run by offshore companies that are not regulated or licensed by any U.S. government entity - these poker players are at the mercy of unscrupulous operators who may cheat them out of their money with absolutely no recourse. As a result, Californians who play poker on these Web sites have no way of protecting sensitive personal information when they use their credit card or provide other financial information to such a site. In addition, hundreds of millions of dollars are leaving the California economy, money (and tax revenues) that could stay in the state if intrastate iPoker was legalized in California.
This bill contains numerous consumer protections to Californians who play online poker, ensure that the revenues from online poker are realized in California, and protect the public interest by ensuring that the various aspects of online poker are sanctioned and regulated by the state. This bill will create a new and innovative industry in California that will provide economic inducements to California's economy, including job creation. This bill includes strict standards to ensure that the online poker games are fair, played by persons of legal age who are located in California, and using advanced technologies to identify and restrict access by minors.
The author states that this bill includes a strong regulatory framework that protects Californians and cracks down on illegal online gaming, replacing it with safeguards against compulsive gambling, money laundering, fraud, and identity theft. In addition, the bill contains detailed criteria in the areas of licensing, enforcement, and regulatory oversight.
The author states, the bill addresses both of the major roadblocks that have prevented movement of an iPoker proposal over the years. The two roadblock being 1) Horse racing as a licensee; and 2) Suitability of potential applicants.
In an effort to solve the horse racing issue, this bill creates the California Horse Racing Internet Poker Account, which would require the first $60 million collected annually from license fees and taxes on gross gaming revenues be deposited into the fund. The continuously appropriate fund would be distributed as follows: 1) a contribution retirement and welfare plan for California-licensed jockeys, past and present, as well as their dependents; 2) to supplement the pension plan for pari-mutuel employees administered on behalf of the labor organization that has historically represented the employees; 3) to racing associations or fairs as commissions and to horsemen purses; 4) breeder incentive awards; and 5) California's network of fairs. The subsidy is intended to resolve one of the main points of contention amongst the state's diverse gambling interests. Over the years, many tribal gaming interests have stated they that would not support an iPoker proposal where horse racing is an eligible entity for licensure. Specific tribes have stated that only they and card-clubs have the right to offer live poker in the state, and if horse racing were allowed to participate, it would violate this exclusive right. The author states that a subsidy in lieu of a license will allow this long-storied agribusiness to continue to operate and thrive in California while not being financial impacted by the further expansion of iGaming in California.
In an effort to solve the suitability issue, this bill would add tougher suitability standards to further strengthen the standards that already exist under current law in the Gambling Control Act. Specifically, the bill would: 1) Puts any service provider who accepted a bet or wager anytime between December 31, 2006 and December 31, 2011 in a penalty box until 2021; 2) Presumes a service provider is not suitable for a license if the organization accepted a bet or wager after December 31, 2011, when it was explicitly illegal; 3) Presumes an individual is not suitable for a license that knowingly and willfully accepted a bet or wager between December 31, 2006 and December 31, 2011; 4) Places a universal two-year ban on using any customer lists accrued by a service provider prior to the enactment of this bill; and 5) Allows California Gaming Commission to impose limitations and conditions upon the issuance of the service provider license or the utilization of the applicant's assets acquired. The author believes that with these additional standards – on top of what is already required under current law – this bill has the strongest suitability standards in the nation and will prevent any truly "bad actors" from entering an iPoker market in California.
The author believes this bill will create well-regulated iPoker framework in California that will be used as a national model for creating jobs and revenue for the state while providing a safe, regulated, and responsible entertainment option for its residents.
General Background: Some gaming experts say that legal gambling over the Internet is not just inevitable but mainstream and readily available to anyone desiring to partake in this activity. Recent reports state that Americans spent approximately $2.6 billion gambling online in 2012, despite it being illegal. Americans generate nearly 10% of the current $33 billion worldwide online gambling market. Most of that money went to illegal offshore gambling Web sites, meaning the Web sites are operated in other countries where online gambling is regulated or regulation is non-existent. These gaming sites are out of the reach of U.S. courts and regulators, exposing online players to significant risks without effective legal recourse.
Experts state that by 2020 the online gaming market is expected to witness substantial growth. This may be attributed to increasing number of users taking up online gaming as an entertainment tool. Furthermore, increasing consumer awareness towards interactive entertainment systems is also expected to drive the online gaming market demand. Availability of high speed internet connectivity, efficient hardware compatibility, sophisticated gaming techniques and increased consumer disposable income are some of the key factors driving the online gaming market.
Many gaming experts believe that legalizing intrastate Internet gaming could have a significant positive impact on state revenues by redirecting gaming revenues into a domestic, legal operation that otherwise currently go abroad. However, others have stated this is not easy because it would take time to establish operations, approve contracts, games, hubs, and convince existing players to redirect their gambling to legal, domestic sites.
The global legal framework for Internet gambling is a complicated mix of laws and regulations. In the United States, both federal and state statutes apply. Gambling is generally regulated at the state level, with federal law supporting state laws and regulations to ensure that interstate and foreign commerce do not circumvent them.
In October 2006, the United States Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), 31 United States Code Section (U.S.C.) 5361 et seq., which generally prohibits the use of banking instruments, including credit cards, checks, and fund transfers, for interstate Internet gambling, essentially prohibiting online gambling by United States citizens, but which includes exceptions that permit individual states to create a regulatory framework to enable intrastate Internet gambling, provided that the bets or wagers are made exclusively within a single state under specified circumstances.
On April 15, 2011, three online poker companies (PokerStars, Full Tilt Poker, Absolute Poker/UltimateBet) were indicted for violating U.S. laws that prohibit the acceptance of any financial instrument in connection with unlawful Internet gambling. The companies argued that poker is a game of skill rather than a game of chance, and therefore, online poker is not unlawful Internet gambling. The indictments, quickly dubbed "Black Friday" by the poker community, came as a shock to a large number of Americans — estimated between 1.3 million and 15 million — who were playing poker online for real money.
On July 31, 2012, the U.S. Attorney's Office announced that the United States had entered into settlement agreements with PokerStars and Full Tilt Poker. U.S. District Judge Leonard B. Sand approved the $731 million settlement. Under the terms of the settlement with Full Tilt Poker, the company agreed to forfeit virtually all of its assets to the U.S. to fully resolve the charges in the complaint. Under the terms of the settlement with PokerStars, the company agreed to forfeit $547 million to the U.S. and to reimburse the approximately $184 million owed by Full Tilt to foreign players in order to fully resolve the allegations in the complaint. The settlement further provided that PokerStars would acquire the forfeited Full Tilt assets from the government. The settlements with regard to Full Tilt Poker and PokerStars, and a proposed settlement with Absolute Poker, "did not constitute admissions of any wrongdoing, culpability, liability, or guilt by any parties."
On July 14, 2011, Senate Minority Whip Jon Kyl (Republican-Arizona) and Senate Majority Leader Harry Reid (Democrat-Nevada) sent a letter to U.S. Attorney General Eric Holder asking the U.S. Department of Justice to clarify its position regarding enforcement of online gambling laws.
On December 23, 2011, the Office of Legal Counsel of the DOJ issued a Memorandum Opinion, as an attachment letter to Senator Harry Reid's July 2011 request. The opinion letter rejected DOJ's long-held interpretation of the Wire Act, by concluding that the Act prohibits only sports betting. Until then, DOJ had consistently declared that the Act barred both "casino games and sports betting." DOJ noted that there appeared to be a conflict between the Act and UIGEA. DOJ stated that the “unlawful Internet gaming” of the UIGEA does not include intra-state transactions that, among other things, are routed across state lines. DOJ's new policy did not constitute federal regulation of Internet gambling, but removed obstacles, which prevented state governments from enacting legislation, rules and regulations to regulate intrastate iGaming and issue licenses to Internet gambling operators and their technology providers.
In summary, federal law prohibits online gambling by U.S. citizens but includes specific provisions that allow individual states to offer intrastate Internet gaming, provided that state laws permitting and regulating that activity could impose reasonable protections against participation by underage persons or by persons located outside the boundaries of the states. So far, only three U.S. states allow licensed online casinos and poker sites. These states are Nevada, Delaware, and New Jersey. In all three states, a significant portion of the established gaming interests in the states bought into the idea that online gambling could help – not harm – their business models.
California's Involvement in iGaming Legislation: At stated above, under the terms of UIGEA, states may authorize intrastate Internet poker. California, however, currently has no such law. As such, it is legal to play poker in tribal casinos and state-approved card clubs inside California, but not legal to play online poker on a site that allows players from California, other states, and other countries to wager against each other. The effect of the federal law prohibiting interstate internet gambling and California's lack of a law authorizing intrastate internet gambling has been to channel players in California to offshore sites.
Internet gambling has been a topic of consideration in California for some time. With a population of nearly 38 million, California has the potential to be a lucrative Internet gambling market should the state choose to regulate Internet gambling, beyond pari-mutuel wagering on horseracing, in the future.
From 2008-2014, eleven legislative proposals have been introduced in California in an attempt to change the nature of Internet gambling. Each bill was referred to the respective Governmental Organization Committee in each house but no testimony or vote was ever taken on the issue.
In 2015, four bills (AB 431 (Gray), AB 9 (Gatto), AB 167 (Jones-Sawyer), and SB 278 (Hall) of 2015) were introduced relating to the authorization of iPoker in California. Three of the bills (AB 9, AB 167, and SB 278) were never heard in the respective Governmental Organization Committee. AB 167 would have permitted all card clubs, tribes, and racetracks to offer online poker in California. AB 9 did not permit licensing of racetracks and included a bad actor clause (would preclude operators that took bets in the U.S. after the passage of UIGEA in 2006). AB 431 declared the intent of the Legislature to authorize iPoker in California and adopt a legal and regulatory framework. The bill was the first iPoker proposal to ever be heard and pass a legislative committee (Assembly G.O. and Appropriations) but was held on the Assembly Inactive File for further discussion. A summary of the various iPoker legislative proposals can be found on page 17.
Proponents state that providing a legal mechanism for iPoker offers an alternative to illegal gambling now being played on the Internet. Californians can be protected from unscrupulous gambling enterprises by licensing and regulating iPoker. Proponents further state, the eventual authorization of iPoker, will not only allow California to protect its consumers but also help law enforcement agencies work with the industry in preventing underage gambling, identity theft and other related fraud activity.
Proponents state that an iPoker framework in California would not only generate much needed revenue to the state but would spur a new industry in California that will provide economic inducements to California's economy, including jobs. In addition, under a state system, the state would retain tax revenues in contrast to a federal system where revenues would be divided between the state and federal government.
Opponents claim that legal Internet gambling represents the "Mother of All Expansions," turning every home computer, school laptop, I-phone, I-pad and most cell phones into a gambling device, and every home, dorm-room, apartment and Wi-Fi business into a casino. Concerns center on whether widespread availability of legal and attractive iGaming system would become problematic with specific subgroups in the population, such as young adults.
California's horse racing industry is the only legal industry in this state with experience in the realm of offering wagering over the Internet. Advance Deposit Wagering (ADW) as authorized by AB 471 (Hertzberg), Chapter 198, Statutes of 2001 is a system whereby a person establishes an account, or multiple accounts at a CHRB-approved "betting system" or a board-approved "multi-jurisdictional wagering hub." When a person calls to place a wager from his or her account, the California law provides that they are actually providing "wagering instructions," rather than actually making the wager themselves. In 2014, the total amount wagered by patrons through California's licensed ADW providers was more than $600 million.
On-line Poker Revenue Projections for California: Most gaming experts agree that the market for regulated online poker in California will be the largest in the United States. The state would benefit financially in three main ways: taxes paid on operator revenues and profits, income taxes from player winnings, and taxes paid by suppliers and employees of gaming sites. The largest revenue source would be from site operators who would pay fees based on Gross Gaming Revenues (GGR). GGR consists of total wagers made by customers less the winnings paid back to its customers, and a tax rate is applied on the base.
A forecast by Morgan Stanley stated that given California's population of 38 million people (vs. New Jersey's 8 million), "we expect the market to reach $1.1B by 2017." Morgan Stanley estimates that the online poker market in California will be approximately $435 million in Year one, growing to $1.1 billion by Year three.
A 2011 study by former California Finance Director Timothy Gage stated that online poker could generate as much as $1.4 billion in revenue over the first decade if a bill was passed. This income would come from direct and indirect taxes tied to the wagering activity. The study further stated that up to 1,300 new jobs could possibly be created – led by jobs in marketing services, high tech jobs like programmers, and gaming providers.
California's population is larger than every country in Europe but eight and is viewed by many as possessing the needed online poker liquidity to maintain the player base that is crucial to ensure that such a system is successful from a monetary standpoint.
States that have legalized Internet Gaming: Nevada allows interactive wagering on poker and sports; Delaware allows betting on table games, video lottery, and poker; and New Jersey permits casino games and poker. Currently, New Jersey dominates the market, with about 90% of total U.S. online gaming revenue. Poker represents about one-third of total online gaming market in those three states.
Nevada: An Internet gaming bill, AB 466, was enacted in June 2001. It authorized certain commercial casinos to offer so-called "interactive gaming." Interactive gaming, currently limited to intrastate Internet poker, went live in April 2013 pursuant to final regulations that were promulgated in December 2011. Nevada prohibits Internet gambling businesses that knowingly and intentionally took or facilitated unregulated U.S. bets after December 31, 2006, from obtaining interactive gaming licensure for five years, after the enactment of AB 466. Nevada has two web poker operators—a World Series of Poker (WSOP)-branded online poker site and an online site from South Point Casino (Real Gaming). Nevada's gross revenue from gaming is generally subject to a 6.75% tax.
At the end of 2014, an online poker site from Station Casinos (Ultimate Gaming) stopped offering iPoker due to lackluster revenue. The Nevada Gaming Control Board (NGCB) also stopped releasing revenue figures, as the state requires at least three operational sites before such data is released. In 2015, Nevada and Delaware entered into an interstate poker player sharing agreement, and following an initial boost to iPoker revenues, the revenue numbers returned to pre-compact levels.
New Jersey: An Internet gaming bill, A2578, was enacted in February 2013. It authorized commercial casinos to offer iGaming in the state of New Jersey. Internet gaming, currently limited to intrastate Internet poker, table games and slots, went live in November 2013 pursuant to final regulations that were promulgated in September 2013. New Jersey requires its online gambling licensees to collaborate with a brick-and-mortar casino partner. Six commercial casinos are currently operating Internet gambling websites. Furthermore, each casino has multiple online gaming websites operating under their license. The Division of Gaming Enforcement (DGE) determines license suitability of a participant. The state does not have specific language in its Internet gaming statute or regulations that expressly addresses so-called "bad actors." New Jersey taxes online gambling revenue at a rate of 15% of gross gaming revenue.
In 2015, according to the DGE, the online revenue came to $148.8 million, 21% higher than 2014's total. Total online casino revenue in 2015 was $125 million, up one-third from 2014, while poker revenue fell 18% to $23.8 million. The state's annual tax from online gambling was $18.4 million. Overall, online gambling has risen in popularity since New Jersey introduced regulation in 2013, and currently it accounts for approximately 8% of the Garden State's overall gambling market.
In December 2013, the DGE suspended their review of a license application by the former owners of PokerStars, citing legal concerns about management's outstanding issues with the DOJ. In 2014, Pokerstars, also the owner of Full Tilt Poker, sold their gambling business to Amaya Gaming Group for $4.9 billion. In addition, specific executives stepped down as part of the sale to Amaya. After a lengthy investigation, in September 2015, Amaya received its approval (Transactional Waiver Order) to operate PokerStars and Full Tilt in the state. PokerStars began accepting wagers on March 2016. On April 1, 2016, Amaya's online gaming license was renewed (Transactional Waiver Order) by the DGE for another six months. PokerStars NJ operates in conjunction with its partner, Resorts Casino Hotel in Atlantic City, and offers both poker and casino games online at PokerStarsNJ.com to players who are physically located in the state.
In 2016, the Pala Band of Mission Indians, a California tribe partnered with the Borgata Hotel Casino & Spa to supply the casino with its online gaming platform and to provide both online poker and casino games to residents of the state. The tribe was licensed by the DGE in 2014.
Delaware: An Internet gaming bill, HB 333, was enacted in 2012. It authorized games, such as slots, roulette, poker and blackjack, which are to be played on each Delaware casino's websites (horse racetracks with casinos) and controlled centrally by the Delaware State Lottery.
A single provider powers the state's online casino and poker offerings (888 and Scientific Games). Total online gaming revenue (all games) for 2015 was $1.8 million, 14% lower than the $2.1 million collected in 2014. Poker accounted for approximately $500,000 of that total revenue figure. When poker first became legalized online in 2013, monthly revenues routinely were between $50,000 and $100,000. The market topped out in December 2013, as poker rake and fees reached $106,922. Since June 2014, those amounts have not reached the $50,000 threshold. The state's revenue sharing arrangement with the three casinos authorized to offer online gambling allows it to keep the first $3.75 million of online revenue, meaning the casinos did not share in any of the revenue. The state has experienced low registration rates and the wagering games are not available on devices such as tablets and smart phones.
States that ban iGaming: Eight states have enacted laws expressly prohibiting iGaming. Illinois, Indiana, Louisiana, Montana, Nevada, Oregon, South Dakota, and Washington prohibit Internet Gambling. Additionally, Washington law provides that a person that transmits or receives gambling information by the Internet is guilty of a felony.
2015 Legislative Action by States: In 2015, seven states considered but did not enact legislation that would authorize Internet gambling or amend existing Internet gambling statutes. Some states, including California and New York, considered legislation that would authorize Internet poker, only, while others, including Pennsylvania, considered bills that would authorize some combination of Internet poker, table games and slot games. The states were as follows:
California, Delaware, Illinois, Massachusetts, New Jersey, New York, Pennsylvania.
In Pennsylvania, HB 649 (Representative Payne) would legalize and regulate online gaming with licenses going to the state's existing land-based casinos. The tax rate the state will impose on online gambling operators remains unresolved at this point, with the House calling for a 16% tax on gross gaming revenue, while the Senate's bill version would impose a 54% tax on GGR. The bill does not contain so-called "bad actor" language. HB649 is pending on the House floor. It should be noted that California, New York and Pennsylvania, account for roughly 22% of the U.S. population.
In May 2015, New York State Senator John Bonacic introduced S5302B that would license online poker in the state. Online poker companies would be required to partner with an existing racino or commercial casino. The bill contains a tax rate of 15% on online poker operators, who would also have to pay $10 million for a 10-year license. Up to 10 licenses could be awarded. The bill does not contain so-called "bad actor" language. The 2016 Legislature adjourns on June 16.
What about Federal Legislation to Regulate iGaming? On the federal level, proposals have been introduced to establish a federal regulatory system for Internet gaming. Congressional representative Barney Frank (2010), Senator Harry Reid (2012), Congressman Peter King (2013), and Congressman Joe Barton (2011 & 2013) introduced bills which would have instituted federal regulation of a legalized system of Internet gaming. However, all of the bills stalled in their respective house of origin. It has been stated that Federal regulation would provide a single, comprehensive mechanism for consistent licensing, operation and enforcement of U.S. Internet gambling laws.
2015 Federal Action - The Restoration of America’s Wire Act: In 2015, Representative Jason Chaffetz (Republican-Utah) and Senator Lindsey Graham (Republican-South Carolina) respectively introduced the Restoration of America's Wire Act (RAWA) bill in the House and Senate for the second consecutive year. RAWA would amend provisions of the federal criminal code, commonly known as the Federal Wire Act of 1961, to provide that the prohibition against transmission of wagering information shall apply to any bet or wager, or information assisting in the placing of any bet or wager (thus making such prohibition applicable to all types of gambling activities, including Internet gambling. Two Congressional hearings were held on the contents of RAWA but no further action was taken.
In Support: The San Manuel Band of Mission Indians, Morongo Band of Mission Indians, Commerce Casino, Bicycle Casino, Hawaiian Gardens Casino, and Amaya Inc./PokerStars writes, "this bill will protect consumers, create jobs, and strengthen our state's economy by authorizing and regulating intrastate, Internet Poker in California. Authorizing online poker will be good for millions of consumers and poker players who will benefit from a safe, regulated, commercial gaming environment where they are protected and assured that the games are fair and honest. AB 2863 will establish a vibrant, competitive marketplace, provide superior consumer protections, require strict oversight and regulation of licensees and service providers, and ensure that the state receives a reasonable return. We also appreciate the author's inclusive, transparent approach for getting all parties to dialogue. We are confident the few remaining issues can be resolved and an agreement can be reached to finalize AB 2863 as it moves through the legislative process. Every year that California fails to act not only puts consumers at risk while playing online games from unregulated offshore localities that provide few protections, but our state also loses out on collecting hundreds of millions of dollars that can be used for essential programs like public schools, public safety, healthcare and social services."
The Service Employees International Union (SEIU) writes, "SEIU represents over 700,000 workers statewide, including pari-mutuel clerks at California's Thoroughbred Racing facilities. We have been a part of the discussions regarding Internet Poker legislation and look forward to passing legislation this year that will bring additional revenue and jobs to our state. We would also like to make a few comments on the direction and intent of the bill. First, the $60 million payment in AB 2863 for the horse racing industry is a much-needed boost to the industry. We hope to work with you as the bill moves forward to ensure that the industry and its workers benefit from this revenue source."
The Thoroughbred Owners of California, Del Mar Thoroughbred Club, California Thoroughbred Breeders Association, The Jockeys Guild, California Authority of Racing Fairs, California Teamsters Public Affairs Council, California Thoroughbred Trainers, Los Alamitos Racing Association, SEIU California writes, on behalf of the California horse racing and breeding industries, in support of AB 2863. "More specifically, we write on behalf of the racetracks, fairs, jockeys, pari-mutuel clerks and thousands of California horse owners and trainers who have invested hundreds of millions of dollars into our state's economy to support the $2.5 billion agribusiness. The Thoroughbred industry in California employs more than 50,000 people. The racing, breeding and training of horses occurs in 28 counties within California and attracts fans, breeders and owners from around the world. In 2001, the California Legislature granted exclusive authority to the horse racing industry to offer wagering on the Internet via advanced deposit wagering or ADW. This right was authorized following the passage of tribal gaming under Proposition 1A, which directly resulted in a 40% decline in racing industry revenues. ADW has helped partially offset the tremendous disadvantage that horse racing currently faces as the only major racing state which does not participate in any form of alternate gaming revenues (i.e., sharing in percentage of slot machines, casino games or having the right to offer such games as is the case in other major racing states like New York, Florida, and Maryland). For comparison, in 2014 the horse racing industry in New York received over $238 million from state casino interests to support live racing. This financial imbalance with other racing states continues to threaten the viability of horse racing in California, tens of thousands of jobs and billions of dollars in agricultural investment. With our industry's increasing reliance on Internet wagering and the lack of other gaming revenue support, we are obligated to take a hard look at any new form of online gambling in California."
The Pokers Players Alliance writes, California has a long tradition with the game of poker and card rooms. This bill charts the course towards responsible regulation of iPoker and puts California at the leading edge of this burgeoning industry. This bill will corral the current unregulated marketplace and turn it into a system that is safe for consumers and accountable to regulators. This bill mandates technologies to protect consumers from fraud, eliminates underage access and mitigates compulsive gambling behaviors. These regulatory safeguards are not theoretical. They are reality. Today three states – Nevada, Delaware and New Jersey – have authorized and are regulating Internet poker. In these states, the regulated operators are accountable to the players, regulators, and law enforcement and they are continually reviewed to ensure they are meeting, and exceeding, the prescribed technical safeguards.
In Opposition: The Coalition to Stop Internet Gambling (CSIG) writes in opposition, "CSIG is opposed to this legislation because if approved it would hurt California families and the California economy. Internet Poker is an assault on California's children and families. Legalization of Internet Poker will place a casino in every person's living room, mobile device, or tablet—24 hours per day, seven days per week and represent the largest gambling expansion in California's history. The risks far outweigh the rewards. There is no compelling policy reason to approve Internet Poker, the public is demonstrably opposed, and it puts kids at risk and provides safe harbor for illicit money laundering."
A coalition of tribes that includes Agua Caliente Band of Cahuilla Indians, Barona Band of Mission Indians, Lytton Band of Pomo Indians, Pechanga Band of Luiseño Indians, Viejas Band of Kumeyaay Indians, Yocha Dehe Wintun Nation and Table Mountain Rancheria, stated their opposition to the amended version of AB 2863.
The opposition's primary concerns are about the issues of suitability and "bad actors" participating in California's Internet poker market. The coalition believes that "bad actors" – those who accepted wagers from U.S. residents between 2006 and 2011, when doing so was assumed to be unlawful – could still get a service provider's license under the current version of the bill. They contend that allowing such bad actors to participate in California's Internet poker market creates a bad precedent and an unfair competitive advantage since these entities can utilize "tainted assets", such as customer lists or their established brand, upon receiving a license. While recent amendments do include provisions meant to limit use of such assets, the opposition contends these provisions are not stringent enough. The coalition is also opposed to the tax rate and the license deposit, citing both as too burdensome on operators.
Related legislation: AB 1437 (Gray) of the current legislative session. Would enact the Internet Fantasy Sports Games Consumer Protection Act, which would require a person or entity to apply for, and receive, a license from the DOJ prior to offering an Internet fantasy sports game for play in California. (Pending in Senate Governmental Organization Committee)
Prior legislation: AB 431 (Gray) of 2015. Would declare the intent of the Legislature to authorize Internet poker in California and adopt a legal and regulatory framework that complies with federal law. The bill declares the framework shall include strict standards to ensure the fairness and integrity of the games, appropriate consumer protections, fair revenue for the state, safeguards against underage play, and mechanisms to address negative impacts of Internet poker gambling. (Died on inactive file)
AB 9 (Gatto) of 2015. This bill, which would be known as the Internet Poker Consumer Protection Act of 2015, would have established a framework to authorize intrastate Internet poker, as specified. The bill did not permit licensing of horse racing entities and excluded any company that accepted bets after December 31, 2006 in the U.S. without proper licensing, as specified. (Never Heard in Assembly G.O. Committee)
AB 167 (Jones-Sawyer) of 2015. This bill, which would be known as the Internet Poker Consumer Protection Act of 2015, would have permitted card clubs, tribes, and racetracks to offer intrastate online poker in California, as specified. (Never Heard in Assembly G.O. Committee)
SB 278 (Hall) of 2015. Would have authorized the operation of an Internet poker web site within the borders of the state. The bill required CGCC, in consultation with DOJ, to promulgate regulations for intrastate Internet poker. The regulations would include, but not be limited to, a licensing process for an individual or entity to become an operator of an Internet poker Web site and rules for the operation of an Internet poker Web site. (Never Heard in Senate G.O. Committee)
AB 2291 (Jones-Sawyer) of 2014. Would have authorized intrastate Internet poker, as specified. (Never heard in Committee on Assembly G.O.)
SB 1366 (Correa) of 2014. Would have authorized intrastate Internet poker, as specified. The bill would authorize eligible entities to apply for a license to operate an intrastate Internet poker Web site offering the play of authorized games to players within California, as specified. (Never heard in Committee on Senate G.O.)
SB 51 (Wright) of 2013-2014. Would have authorized intrastate Internet gambling, as specified. Would have authorized eligible entities to apply to CGCC for a 10-year license to operate an intrastate Internet gambling Web site offering the play of authorized gambling games to registered players within California. (Never heard in Committee on Senate G.O.)
SB 678 (Correa) of 2013-2014. Would have authorized intrastate Internet poker, as specified. The bill would have authorize eligible entities to apply for a license to operate an intrastate Internet poker Web site offering the play of authorized games to players within California, as specified. (Never heard in Committee on Senate G.O.)
SB 1463 (Wright) of 2012. Would have enacted the "Internet Gambling Consumer Protection and Public-Private Partnership Act of 2012" for the stated purpose of authorizing, intrastate Internet gambling. (Never heard in Committee on Senate G.O.)
SB 40 (Correa) of 2011-2012. Would have authorized intrastate Internet poker, as specified. The bill required the CGCC to adopt emergency regulations, in consultation with the department, providing for the issuance of licenses to operate intrastate Internet poker Web sites.
SB 45 (Wright) of 2011-2012. Would have established a framework to authorize intrastate Internet gambling, as specified. The bill would have required the Bureau to issue a request for proposals to enter into contracts with up to three hub operators, as defined, to provide lawful Internet gambling games to registered players in California for a period of 20 years, as specified. (Never heard in Committee on Senate G.O.)
SB 1485 (Wright) of 2010. Would have enacted the "Internet Gambling Consumer Protection and Public-Private Partnership Act of 2010" for the stated purpose of authorizing, intrastate Internet gambling. (Never heard in Committee on Senate G.O.)
AB 2026 (Levine) of 2008. The introduced version would have authorized the intrastate play of various Internet poker games to be offered by licensed gambling establishments registered with CGCC. (Never heard in Committee on Senate G.O.)
Analysis Prepared by: Eric Johnson and Kenton Stanhope / G.O. / (916) 319-2531 FN: 0003551
Date of Hearing: June 22, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2863
Author:(Gray) – As Amended Ver:June 9, 2016
Policy Committee: | Governmental Organization | Vote: | 19 - 0 |
Urgency: Yes State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill establishes The Internet Poker Consumer Protection Act of 2016 (Act) and authorizes the California Gambling Control Commission (CGCC) and the Department of Justice (DOJ) to license and regulate internet poker. Specifically, this bill:
- Defines the types of entities eligible to get an operator’s license, including that the operator must either be a cardroom or a federally-recognized California Indian tribe meeting certain criteria.
- Defines the types of entities eligible for a service provider’s license, including anyone who manages, administers, or controls the games, gaming system, or the bets on behalf of a licensed operator, or those who receive compensation as part of an affiliate marketing program for bringing players to an operator’s website, and specifies suitability requirements for any licensed service provider.
- Defines the process by which an operator or service provider obtains their license, including applying to DOJ for a determination of suitability and applying to CGCC for a license and paying all fees.
- Establishes requirements for licensed operators, including ensuring players are eligible to play and games are fair, implementing proper data security standards, player registration and account setup, and providing DOJ with proper materials to propose a game.
- Requires CGCC, in consultation with DOJ, to adopt regulations within 270 days after the effective date of the Act.
- Defines the types of application fees, regulatory fees, and license deposits as follows:
- The application process fee is a fee to cover the costs of suitability investigations and other application process costs.
- The one-time license deposit is a $12.5 million deposit made by a licensed operator prior to offering any games for play or accepting any bets.
- The regulatory fee is the ongoing fee once an operator obtains a license and begins offering games.
- Imposes a duty on gross gaming revenues based on the size of the overall Internet poker industry. The duty ranges from 8.847% when total annual gross gaming revenues are $150 million or less to 15% when revenues are in excess of $350 million. The first $60 million of these duties and the $12.5 million license deposit in each fiscal year must be deposited to the California Horse Racing Internet Poker Account and the Fair and Exposition Fund, for specified purposes.
- Establishes the Unlawful Gambling Enforcement Fund in the General Fund, which is intended to ensure adequate resources for law enforcement. The Fund will consist of an undetermined share of revenue from civil penalties recovered by law enforcement authorities, all amounts of property recovered and all revenue from civil penalties recovered, an undetermined percent of duties paid by licensed operators, and up to an undetermined amount may be expended annually, upon appropriation by the Legislature.
- Requires CGCC, in consultation with DOJ, the State Treasurer, and the Franchise Tax Board, to issue a report annually to the Legislature describing the state’s progress in meeting policy goals, and requires the Bureau of State Audits to issue a report within four years of the issuing of a license.
FISCAL EFFECT:
- Annual special fund costs to DOJ in the range of $5 million to $10 million in 2016-17, 2017-18, and 2018-19, to review and approve game rules and gaming activities, hire and retain staff with technical expertise, and develop and enforce regulations. Annual costs beginning in 2017-18 will be offset by application fees and ongoing regulatory fees.
- Significant one-time special fund costs to DOJ on top of expected annual costs for the initial processing of potential licensees. It can be expected that in the initial years of the authorization of Internet poker, DOJ will need a large number of additional investigators and enforcement staff to complete determinations of suitability and to conduct investigations. The precise number of potential licensees and the infrastructure that DOJ will need is unknown, but these startup costs could be as high as $70 million in 2017-18.
- Significant costs to CGCC of at least $2.5 million, $3.5 million, and $2.9 million in 2016-17, 2017-18, and 2018-19, respectively. Major cost drivers for CGCC include promulgating emergency regulations and beginning the development of permanent regulations, hiring staff with technical expertise, and one-time equipment costs, and other overhead expenses. Annual costs beginning in 2017-18 will be offset by application fees and ongoing regulatory fees.
- Annual transfer of revenue generated from license deposits and a duty on gross gaming revenues of up to $57 million to the California Horse Racing Board and up to $3 million to the Fair and Exposition Fund, as required by this bill.
- Unknown General Fund revenue, possibly in the millions, from the tax on gross gaming revenue and the license deposit for licensed operators.
STAFF COMMENTS:
- Purpose. According to the author, this bill will establish a regulatory framework for Internet poker. AB 2863, which is the product of lengthy discussions between stakeholders, is intended protect consumers, help the California economy, and generate state revenues. The author hopes that this bill will be the model for the nation for promoting economic growth while providing a safe, regulated, and responsible entertainment option for consumers.
- Background. Federal law prohibits online gambling by U.S. citizens but includes specific provisions that allow individual states to offer intrastate Internet gaming, provided that state laws permitting and regulating that activity impose reasonable protections against participation by underage persons or by persons located outside the boundaries of the states. So far, only three U.S. states allow licensed online casinos and poker sites: Nevada, Delaware, and New Jersey.
- Recent efforts to legalize online poker in California: Between 2008 and 2014, 11 legislative proposals were introduced in California in an attempt to change the nature of Internet gambling. In 2015, four more bills were introduced, and only AB 431 (Gray), which declared the intent of the Legislature to authorize Internet poker in California, passed legislative committee. That bill was held on the Assembly Inactive File for further discussion.
- Recent amendments. AB 2863 was amended by the author on June 9, 2016 to include new financial components (tax rate and a license deposit), as well as new suitability standards for licensed service providers. In summary, these amendments:
- Established a graduated tax rate based on the size of the Internet poker industry. The amended version of AB 2863 imposes a tax rate that is based on the size of the overall online poker industry in California, as measured by aggregate gross gaming revenues. The tax rate ranges from the current corporate tax rate (8.847%) when total gaming revenues are less than $150 million, to 15.0% when the industry brings in gross gaming revenues in excess of $350 million a year. This graduated tax rate is meant to help foster industry growth in the initial years.
The amended version of AB 2863 does not change how this tax revenue is allocated. The first $60 million in tax revenue collected on gross gaming revenues and license deposits from operators (described below) will be allocated to the California Horse Racing Board ($57 million) and the Fair and Exposition Fund ($3 million). Collected revenue from the tax and license deposits in excess of this $60 million will remain in the General Fund.
- Established a one-time license deposit of $12.5 million for licensed operators. Unlike the previous version of AB 2863, this deposit can no longer be offset in future years by reduced taxes on gross gaming revenues.
- Created new suitability standards for licensed service providers. The amendments also created a “rebuttable presumption” that an applicant is unsuitable if either the applicant accepted bets of wagers of U.S. residents after December 30, 2011, or if at any time a person in the applicant, as defined, was instrumental in the executive decision to accept bets or wagers and that this person is still affiliated with the applicant. The amendments also allow applicants to rebut this presumption with a preponderance of evidence that proves a number of scenarios, including that the acceptance of a bet after December 30, 2011, was not knowing or intentional.
- Allows regulators to address the issue of “tainted assets” of service providers. The amendments also include two provisions designed to limit the use of previously acquired assets or infrastructure in the new legal Internet poker market. Specifically, the bill allows CGCC to specify what kind of assets that were previously acquired before enactment of this legislation can be used moving forward. The bill also specifies that no customer list acquired prior to the enactment of this legislation can be used until January 1, 2019.
- Opposition. In a June 10, 2016 letter, a coalition of tribes that includes Agua Caliente Band of Cahuilla Indians, Barona Band of Mission Indians, Viejas Band of Kumeyaay Indians, Yocha Dehe Wintun Nation, Lytton Band of Pomo Indians, and the Pechanga Band of Luiseño Indians, stated their opposition to the amended version of AB 2863.
The opposition’s primary concerns are about the issues of suitability and “bad actors” participating in California’s Internet poker market. The coalition believes that “bad actors” – those who accepted wagers from U.S. residents between 2006 and 2011, when doing so was assumed to be unlawful – could still get a service provider’s license under the current version of the bill. They contend that allowing such bad actors to participate in California’s Internet poker market creates a bad precedent and an unfair competitive advantage since these entities can utilize “tainted assets”, such as customer lists or their established brand, upon receiving a license. While recent amendments do include provisions meant to limit use of such assets, the opposition contends these provisions are not stringent enough.
The coalition is also opposed to the tax rate and the license deposit, citing both as too burdensome on operators.
- Committee amendments. The Committee suggests a number of substantive amendments to ensure that the state as a whole benefits from Internet poker and that the market is competitive and fair. Following the June 15, 2016 hearing, the Committee no longer recommends an amendment related to a service provider’s use of assets accrued prior to enactment of this bill. Specifically, the Committee now recommends amendments to:
- Ensure that the General Fund receives funds in all years. The current version of AB 2863 requires the first $60 million in tax revenue collected on gross gaming revenues and license deposits from operators be allocated to the California Horse Racing Board ($57 million) and the Fair and Exposition Fund ($3 million). Collected revenue in excess of this $60 million will be left in the General Fund.
The current structure does not guarantee that Internet poker will benefit the state’s General Fund. With a 15% tax rate, annual gross gaming revenues would need to be in excess of $400 million annually for the General Fund to receive any revenue. Industry projections suggest this threshold will be met, but some contend that legalized online poker has often underperformed projections, especially in initial years of operation. Therefore, the Committee recommends an amendment that keeps 10% of tax revenue from gross gaming revenues in the General Fund, no matter what annual gross gaming revenues are in any given year. The remaining 90% will go to horseracing and fairs until the previously discussed $60 million is reached. After that, all revenue will go to the General Fund, similar to the provisions in the current version of the bill.
- Allow some of the license deposit to be offset by reduced taxes on gaming revenues. AB 2863, prior to the June 9, 2016 amendments, included a provision that the license deposit could be offset by reduced taxes on gross gaming revenues. That provision has since been removed. Opponents to the current version of the bill argue that this upfront deposit is prohibitive. The Committee recommends that half of the $12.5 million deposit ($6.25 million) be offset by reduced taxes on gaming revenues. This would ensure that more operators are given the opportunity to participate in the market while still providing an upfront infusion of revenue as a result of new applicants joining the market.
- Replace the current rebuttal presumption language. The Committee recommends replacing the rebuttable presumption language in the current version of the bill with language that better reflects a timeline that concerns opponents to AB 2863. Specifically, a service provider (applicant) is unsuitable if it or its corporate affiliate has a member of its Board of Directors, Chief Executive Officer, or a shareholder holding more than 10 percent of its shares, who held a similar position with an organization that knowingly and willfully accepted a bet or helped facilitate a bet after December 31, 2006.
- Delay when some service providers can be provided a license. The Committee recommends that service providers that operated in the United States in the period between December 31, 2006 and December 31, 2011 not be provided a license until January 1, 2021. This does not preclude the applicants from starting the process of applying prior to this date. Alternatively, such applicants could pay a one-time fee of $20 million, to be deposited into the General Fund, to obtain a license before January 1, 2021.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: June 15, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2863
Author:(Gray) – As Amended Ver:June 9, 2016
Policy Committee: | Governmental Organization | Vote: | 19 - 0 |
Urgency: Yes State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill establishes The Internet Poker Consumer Protection Act of 2016 (Act) and authorizes the California Gambling Control Commission (CGCC) and the Department of Justice (DOJ) to license and regulate internet poker. Specifically, this bill:
- Defines the types of entities eligible to get an operator’s license, including that the operator must either be a cardroom or a federally-recognized California Indian tribe meeting certain criteria.
- Defines the types of entities eligible for a service provider’s license, including anyone who manages, administers, or controls the games, gaming system, or the bets on behalf of a licensed operator, or those who receive compensation as part of an affiliate marketing program for bringing players to an operator’s website, and specifies suitability requirements for any licensed service provider.
- Defines the process by which an operator or service provider obtains their license, including applying to DOJ for a determination of suitability and applying to CGCC for a license and paying all fees.
- Establishes requirements for licensed operators, including ensuring players are eligible to play and games are fair, implementing proper data security standards, player registration and account setup, and providing DOJ with proper materials to propose a game.
- Requires CGCC, in consultation with DOJ, to adopt regulations within 270 days after the effective date of the Act.
- Defines the types of application fees, regulatory fees, and license deposits as follows:
- The application process fee is a fee to cover the costs of suitability investigations and other application process costs.
- The one-time license deposit is a $12.5 million deposit made by a licensed operator prior to offering any games for play or accepting any bets.
- The regulatory fee is the ongoing fee once an operator obtains a license and begins offering games.
- Imposes a duty on gross gaming revenues based on the size of the overall Internet poker industry. The duty ranges from 8.847% when total annual gross gaming revenues are $150 million or less to 15% when revenues are in excess of $350 million. The first $60 million of these duties and the $12.5 million license deposit in each fiscal year must be deposited to the California Horse Racing Internet Poker Account and the Fair and Exposition Fund, for specified purposes.
- Establishes the Unlawful Gambling Enforcement Fund in the General Fund, which is intended to ensure adequate resources for law enforcement. The Fund will consist of an undetermined share of revenue from civil penalties recovered by law enforcement authorities, all amounts of property recovered and all revenue from civil penalties recovered, an undetermined percent of duties paid by licensed operators, and up to an undetermined amount may be expended annually, upon appropriation by the Legislature.
- Requires CGCC, in consultation with DOJ, the State Treasurer, and the Franchise Tax Board, to issue a report annually to the Legislature describing the state’s progress in meeting policy goals, and requires the Bureau of State Audits to issue a report within four years of the issuing of a license.
FISCAL EFFECT:
- Annual special fund costs to DOJ in the range of $5 million to $10 million in 2016-17, 2017-18, and 2018-19, to review and approve game rules and gaming activities, hire and retain staff with technical expertise, and develop and enforce regulations. Annual costs beginning in 2017-18 will be offset by application fees and ongoing regulatory fees.
- Significant one-time special fund costs to DOJ on top of expected annual costs for the initial processing of potential licensees. It can be expected that in the initial years of the authorization of Internet poker, DOJ will need a large number of additional investigators and enforcement staff to complete determinations of suitability and to conduct investigations. The precise number of potential licensees and the infrastructure that DOJ will need is unknown, but these startup costs could be as high as $70 million in 2017-18.
- Significant costs to CGCC of at least $2.5 million, $3.5 million, and $2.9 million in 2016-17, 2017-18, and 2018-19, respectively. Major cost drivers for CGCC include promulgating emergency regulations and beginning the development of permanent regulations, hiring staff with technical expertise, and one-time equipment costs, and other overhead expenses. Annual costs beginning in 2017-18 will be offset by application fees and ongoing regulatory fees.
- Annual transfer of revenue generated from license deposits and a duty on gross gaming revenues of up to $57 million to the California Horse Racing Board and up to $3 million to the Fair and Exposition Fund, as required by this bill.
- Unknown General Fund revenue, possibly in the millions, from the tax on gross gaming revenue and the license deposit for licensed operators.
STAFF COMMENTS:
- Purpose. According to the author, this bill will establish a regulatory framework for Internet poker. AB 2863, which is the product of lengthy discussions between stakeholders, is intended protect consumers, help the California economy, and generate state revenues. The author hopes that this bill will be the model for the nation for promoting economic growth while providing a safe, regulated, and responsible entertainment option for consumers.
- Background. Federal law prohibits online gambling by U.S. citizens but includes specific provisions that allow individual states to offer intrastate Internet gaming, provided that state laws permitting and regulating that activity impose reasonable protections against participation by underage persons or by persons located outside the boundaries of the states. So far, only three U.S. states allow licensed online casinos and poker sites: Nevada, Delaware, and New Jersey.
- Recent efforts to legalize online poker in California: Between 2008 and 2014, 11 legislative proposals were introduced in California in an attempt to change the nature of Internet gambling. In 2015, four more bills were introduced, and only AB 431 (Gray), which declared the intent of the Legislature to authorize Internet poker in California, passed legislative committee. That bill was held on the Assembly Inactive File for further discussion.
- Recent amendments. AB 2863 was amended by the author on June 9, 2016 to include new financial components (tax rate and a license deposit), as well as new suitability standards for licensed service providers. In summary, these amendments:
- Established a graduated tax rate based on the size of the Internet poker industry. The amended version of AB 2863 imposes a tax rate that is based on the size of the overall online poker industry in California, as measured by aggregate gross gaming revenues. The tax rate ranges from the current corporate tax rate (8.847%) when total gaming revenues are less than $150 million, to 15.0% when the industry brings in gross gaming revenues in excess of $350 million a year. This graduated tax rate is meant to help foster industry growth in the initial years.
The amended version of AB 2863 does not change how this tax revenue is allocated. The first $60 million in tax revenue collected on gross gaming revenues and license deposits from operators (described below) will be allocated to the California Horse Racing Board ($57 million) and the Fair and Exposition Fund ($3 million). Collected revenue from the tax and license deposits in excess of this $60 million will remain in the General Fund.
- Established a one-time license deposit of $12.5 million for licensed operators. Unlike the previous version of AB 2863, this deposit can no longer be offset in future years by reduced taxes on gross gaming revenues.
- Created new suitability standards for licensed service providers. The amendments also created a “rebuttable presumption” that an applicant is unsuitable if either the applicant accepted bets of wagers of U.S. residents after December 30, 2011, or if at any time a person in the applicant, as defined, was instrumental in the executive decision to accept bets or wagers and that this person is still affiliated with the applicant. The amendments also allow applicants to rebut this presumption with a preponderance of evidence that proves a number of scenarios, including that the acceptance of a bet after December 30, 2011, was not knowing or intentional.
- Allows regulators to address the issue of “tainted assets” of service providers. The amendments also include two provisions designed to limit the use of previously acquired assets or infrastructure in the new legal Internet poker market. Specifically, the bill allows CGCC to specify what kind of assets that were previously acquired before enactment of this legislation can be used moving forward. The bill also specifies that no customer list acquired prior to the enactment of this legislation can be used until January 1, 2019.
- Opposition. In a June 10, 2016 letter, a coalition of tribes that includes Agua Caliente Band of Cahuilla Indians, Barona Band of Mission Indians, Viejas Band of Kumeyaay Indians, Yocha Dehe Wintun Nation, Lytton Band of Pomo Indians, and the Pechanga Band of Luiseño Indians, stated their opposition to the amended version of AB 2863.
The opposition’s primary concerns are about the issues of suitability and “bad actors” participating in California’s Internet poker market. The coalition believes that “bad actors” – those who accepted wagers from U.S. residents between 2006 and 2011, when doing so was assumed to be unlawful – could still get a service provider’s license under the current version of the bill. They contend that allowing such bad actors to participate in California’s Internet poker market creates a bad precedent and an unfair competitive advantage since these entities can utilize “tainted assets”, such as customer lists or their established brand, upon receiving a license. While recent amendments do include provisions meant to limit use of such assets, the opposition contends these provisions are not stringent enough.
The coalition is also opposed to the tax rate and the license deposit, citing both as too burdensome on operators.
- Committee amendments. The Committee suggests a number of substantive amendments to ensure that the state as a whole benefits from Internet poker and that the market is competitive and fair. Specifically, the Committee recommends amendments to:
- Ensure that the General Fund receives funds in all years. The current version of AB 2863 requires the first $60 million in tax revenue collected on gross gaming revenues and license deposits from operators be allocated to the California Horse Racing Board ($57 million) and the Fair and Exposition Fund ($3 million). Collected revenue in excess of this $60 million will be left in the General Fund.
The current structure does not guarantee that Internet poker will benefit the state’s General Fund. With a 15% tax rate, annual gross gaming revenues would need to be in excess of $400 million annually for the General Fund to receive any revenue. Industry projections suggest this threshold will be met, but some contend that legalized online poker has often underperformed projections, especially in initial years of operation. Therefore, the Committee recommends an amendment that keeps 10% of tax revenue from gross gaming revenues in the General Fund, no matter what annual gross gaming revenues are in any given year. The remaining 90% will go to horseracing and fairs until the previously discussed $60 million is reached. After that, all revenue will go to the General Fund, similar to the provisions in the current version of the bill.
- Allow some of the license deposit to be offset by reduced taxes on gaming revenues. AB 2863, prior to the June 9, 2016 amendments, included a provision that the license deposit could be offset by reduced taxes on gross gaming revenues. That provision has since been removed. Opponents to the current version of the bill argue that this upfront deposit is prohibitive. The Committee recommends that half of the $12.5 million deposit ($6.25 million) be offset by reduced taxes on gaming revenues. This would ensure that more operators are given the opportunity to participate in the market while still providing an upfront infusion of revenue as a result of new applicants joining the market.
- Modify suitability requirements and the use of prior assets. The Committee recommends two amendments to address ongoing concerns around suitability and unfair competition from those operating in the online gambling market between 2006 and 2011. Specifically, the Committee recommends:
- A requirement that regulators impose limitations on the use of accrued assets. The Committee recommends that the CGCC impose limitations and conditions on how assets, such as customer lists, databases, or any other assets deemed to provide the applicant an unfair competitive advantage, are utilized. This requirement applies to any applicant that accepted wages from online gambling without an appropriate license prior to the enactment of the bill. Specific limitations would be left up to the CGCC to develop.
- Delay when some service providers can be provided a license. The Committee recommends that service providers that operated in the period between January 1, 2006 and December 31, 2011 not be provided a license until January 1, 2021. This does not preclude the applicants from starting the process of applying prior to this date. Alternatively, such applicants could pay a one-time fee of $20 million, to be deposited into the General Fund, to obtain a license before January 1, 2021.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
ABPCA Bill Id:AB 2863 (
Author:Gray) – As Amended Ver:April 20, 2016
SUBJECT: Gambling: Internet poker
SUMMARY: This bill, which would be known as the Internet Poker Consumer Protection Act of 2016 (Act), would establish a framework to authorize intrastate Internet poker in California, as specified. Specifically, this bill:
1) Establishes the Internet Poker Consumer Protection Act of 2016, which would establish a framework to authorize intrastate Internet poker, as specified.
2) Provides “Eligible entity” would include both of the following: (i) A card room that operates, as defined, whose owner or owners have been authorized, subject to oversight by, and in good standing with, the applicable state regulatory authorities. (ii) A federally recognized California Indian tribe that operates a gaming facility pursuant to a facility license issued in accordance with a tribal gaming ordinance approved by the Chair of the National Indian Gaming Commission and that is eligible to conduct real-money poker at that facility.
3) Provides an entity, as defined above shall have operated its land-based gaming facility for at least five years immediately preceding its application to secure a license to operate an Internet poker Web site pursuant to this Act, and shall be in good standing during that time period with the applicable federal, state, and tribal regulatory authorities.
4) Provides that a person who is 21 years of age or older and located within California is hereby permitted to participate as a registered player in an authorized Internet poker game provided by a licensed operator on an authorized poker Web site. The bill does not authorize any game offered in Nevada or New Jersey other than poker.
5) Provides that within 270 days after the effective date of the Act, the California Gambling Control Commission (CGCC), and any other state agency with a duty pursuant to this Act, shall, in consultation with the California Department of Justice (DOJ or department) and tribes, adopt regulations pursuant to the Administrative Procedure Act, as defined, to implement this bill, and to facilitate the operation of authorized poker Web sites and expedite the state’s receipt of revenues, as defined.
6) Authorized Internet poker games may be offered only by entities licensed pursuant to this Act. An eligible entity seeking to offer authorized Internet poker games shall apply to the department for a determination of suitability. If the department determines the applicant is suitable to receive a license, the applicant shall then apply to the commission for an operator license. The applicant shall pay an application-processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license.
7) States employees of the licensed operator shall undergo a suitability review and obtain work permits, as specified. Owners, officers, and directors of licensed operators shall also undergo a suitability review and obtain employee work permits, as defined. CGCC may refuse to issue a license to an applicant, or suspend or revoke a license of a licensed operator that fails to comply with this requirement.
8) Provides an applicant for an operator license pursuant to this bill that is a tribe shall include with its license application a limited waiver of the applicant’s sovereign immunity. This limited waiver shall apply exclusively to the state, and no other party, solely for the limited purpose of enforcing this chapter and any regulations adopted pursuant to this chapter, and with regard to any claim, sanction, or penalty arising therefrom against the licensed operator by the state, and for no other purpose.
9) Provides that an operator license denoting full licensure shall be issued for a term of seven years. Each initial operator license issued pursuant to this section shall take effect on the same date. A licensee’s employees in direct contact with registered players shall be physically present in the state. All primary servers, facilities, bank accounts, and accounting records of the licensee related to authorize Internet poker shall be located in the state, except as defined.
10) Provides in addition to any other confidentiality protections afforded to license applicants, the state and its agencies shall treat the proprietary information of a license applicant as confidential to protect the license applicant and to protect the security of any prospective authorized poker Web site. The Act does not prohibit the exchange of confidential information among state agencies considering a license application.
11) States an entity seeking to act as a service provider shall apply to the department for a determination of suitability. If DOJ determines the applicant is suitable to receive a license, the applicant shall then apply to CGCC for a service provider license, and obtain a service provider license, before providing goods or services to a licensed operator in connection with the operation of an authorized poker Web site. DOJ shall review the suitability of an applicant for a service provider license. The applicant for a service provider license shall pay an application-processing fee sufficient to cover the reasonable costs associated with the determination of suitability and the issuance of the license. DOJ may establish a process to conduct a preliminary determination of suitability based on a partial investigation. A partial investigation is intended to screen out applicants that do not meet the suitability requirements, as defined.
12) States a full investigation shall include a review and evaluation of the service provider’s qualifications and experience to provide the services anticipated, which shall include the required submission of a report prepared on each service provider by an outside firm contracted and supervised by the department, in a format developed by the department, and at the service provider’s expense. The report shall include information necessary for DOJ to make a determination of suitability, as specified in regulations adopted pursuant to this Act, consisting of, but not limited to, personal history, prior activities and associations, credit history, civil litigation, past and present financial affairs and standing, and business activities, including whether the applicant or an affiliate of the applicant has a financial interest in any business or organization that is or was engaged in any form of gaming or transactions related to gaming prohibited by the law of the federal or state jurisdiction in which those activities took place. DOJ may specify additional requirements regarding the contents of the report and other information or documentation required to be submitted.
13) Provides DOJ shall issue a finding that a license applicant is suitable to obtain a license only if, based on all of the information and documents submitted, the department is satisfied that each of the persons subject to a determination of suitability pursuant to this article is both of the following: (1) A person of good character, honesty, and integrity, or, if an entity, in good standing in its jurisdiction of organization and in all other jurisdictions in which it is qualified, or should be qualified, to do business. (2) A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest of the state, or to the effective regulation and control of authorized Internet poker games, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of authorized Internet poker games or in the carrying on of the business and financial arrangements incidental thereto.
14) States DOJ shall issue a finding that a license applicant is not suitable to obtain a license if it finds that a person subject to a determination of suitability pursuant to this article is described by any of the following: (1) The person failed to clearly establish eligibility and qualifications in accordance with this Act. (2) The person failed to timely provide information, documentation, and assurances required by this Act or requested by the department, or, with respect to a licensed applicant, failed to reveal any fact material to qualification, or supplied information that is untrue or misleading as to a material fact pertaining to the suitability criteria. (3) The person has been convicted of a felony, including a conviction by a federal court or a court in another state or foreign jurisdiction for a crime that would constitute a felony if committed in California, except that a conviction of a felony involving the hunting or fishing rights of a tribal member while on his or her reservation shall not be included among the class of disqualifying felonies. (4) The person has been convicted of a misdemeanor in a jurisdiction involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief, as defined. (5) The person has associated with criminal profiteering activity or organized crime, as defined in the Penal Code. (6) The person has contemptuously defied a legislative investigative body, or other official investigative body of a state or of the United States or a foreign jurisdiction, when that body is engaged in the investigation of crimes relating to poker, official corruption related to poker activities, or criminal profiteering activity or organized crime, as defined in Section 186.2 of the Penal Code. (7) The person is less than 21 years of age. (8) The person has been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity.
15) Provides this Act shall not become operative until criteria are established by statute to address involvement in Internet betting prior to the state’s authorization of Internet poker pursuant to this bill.
16) Provides does not restrict the authority of a tribe that is a licensed operator or that owns a tribal enterprise that is a licensed operator to conduct suitability reviews of its service providers, as defined.
17) Provides a licensed operator shall ensure that registered players are eligible to play authorized Internet poker games and implement appropriate data security standards to prevent access by a person whose age and location have not been verified, as specified. A registered player shall be physically located within the State of California at the time of gambling. Provides DOJ may assess a civil penalty against a person who violates this provision, whether a licensed operator, owner, service provider, or player, as specified.
18) Provides a licensed operator shall register players and establish registered player accounts prior to play. A registered player account may be established in person, or by United States mail, telephone, or by any electronic means. To register and establish a registered player account to play poker with real money, a person shall provide all of the following registration information: (1) First name and surname; (2) Principal residence address; (3) Telephone number; (4) Social security number; (5) Identification or certification to prove that person is at least 21 years of age; (6) Valid email address: and (7) A registered player shall not establish more than one account on the same authorized poker Web site.
19) Provides all personally identifiable information about registered players shall be shared with state agencies, including, but not limited to, DOJ, CGCC, the Franchise Tax Board, and the Department of Child Support Services as necessary to assist them in fulfilling their obligations, as specified.
20) States a licensed operator shall protect the privacy of registered players and their personally identifiable information, as specified. A licensed operator shall comply with all applicable state and federal privacy and data protection laws. A licensed operator shall destroy personally identifiable information if both of the following apply: (1) The information is no longer reasonably necessary for the purpose for which it was collected. (2) There are no pending requests or orders for access to the information, as specified.
21) Provides a licensed operator shall establish a book of accounts and regularly audit all of its financial records and reports, as specified. Provides a licensed operator shall make all financial records established and maintained, as defined, including, but not limited to, all books, records, documents, financial information, and financial reports, available on an electronic basis, as required by CGCC, DOJ, or other state agencies, as specified.
22) States a licensed operator shall: (a) Implement technical systems that materially aid the CGCC in the protection of registered players. (b) Ensure that all transactions involving registered players’ funds are recoverable by the system in the event of a failure or malfunction. (c) Document and implement preventive and detective controls addressing money laundering and fraud risks.
23) States a licensed operator may charge registered players to play in authorized Internet poker games, as defined.
24) Provides in support of the application for a license pursuant to this Act, prior to offering games or accepting bets on its authorized poker Web site, the licensed operator shall remit to the Treasurer a one-time license deposit in the amount of ____ dollars ($____), to be deposited into the General Fund, as defined, and credited against charges imposed on the licensed operator’s gross gaming revenues.
25) Provides in consideration of the substantial value of each license, a licensed operator shall remit to the Treasurer on a quarterly basis for deposit in the General Fund, an amount equal to ____ percent of its gross gaming revenues. Gross gaming revenue is defined as “the total amount of moneys paid by players to the operator to participate in authorized games before deducting the cost of operating those activities except for fees to marketing affiliates and payment processing fees.”
26) States each licensed operator shall pay a regulatory fee, to be deposited in the Internet Poker Fund, in an amount to be determined by the CGCC, for the reasonable costs of license oversight, consumer protection, state regulation, problem gambling programs, and other purposes related to this chapter, determined on a pro rata basis depending on the number of licensed operators in the state.
27) Requires the first $60,000,000 collected each fiscal year pursuant to the license deposit and from the tax on iPoker operations to be deposited into the California Horse Racing Internet Poker Account, which would be established in the General Fund. The bill would continuously appropriate the funds as follows:
(a) One and three-twentieths percent to the defined contribution retirement plan for California-licensed jockeys, as established in current law.
(b) One and three-twentieths percent to provide health and welfare benefits for California- licensed jockeys, former California-licensed jockeys, and their dependents, as defined.
(c) Two and three-tenths percent to supplement the pension plan for pari-mutuel employees administered on behalf of the labor organization that has historically represented the employees who accept or process any form of wagering at the horse racing meetings and for other entities licensed to conduct wagering on horse races in California. Moneys distributed pursuant to this provision shall supplement, and not supplant, moneys distributed to that fund pursuant to this chapter or any other law.
(d) Ninety-five and four-tenths percent to racing associations or fairs as commissions, to horsemen participating in the racing meeting in the form of purses, and as incentive awards, in the same relative proportion as they were generated or earned at each racing association or fair on races conducted or imported by that racing association or fair during the prior calendar year, as specified.
(e) Five percent to the State Treasury to the credit of the Fair and Exposition Fund, to benefit state designated fairs, as defined.
28) States each licensed operator shall pay a regulatory fee, to be deposited in the Internet Poker Fund, in an amount to be determined by CGCC, for the reasonable costs of license oversight, consumer protection, state regulation, problem gambling programs, and other purposes as determined on a pro rata basis depending on the number of licensed operators in the state.
29) Provides the licensed operator shall facilitate the collection of personal income taxes from registered players by the Franchise Tax Board and shall be responsible for providing current and accurate documentation on a timely basis to all state agencies, as provided.
30) States a licensee shall act expeditiously to cure any violation of this chapter, or any regulation adopted pursuant to this bill, in the offer or administration of authorized Internet poker games that interferes with its obligations to the state or registered players under this Act.
31) Provides DOJ shall protect the rights and assets of registered players on an authorized poker Web site if the licensed operator’s license pursuant to this ACT is revoked or the licensed operator becomes bankrupt.
32) Provides all facilities, software, including downloadable programs, and any other property, both tangible and intangible, used by the licensed operator in offering authorized Internet poker games for play on an authorized poker Web site shall be the property of the licensed operator or its licensed service providers, and shall be subject to the review of the department and the approval of the CGCC.
33) Provides the department or CGCC may contract with other public or private entities, including, but not limited to, state, tribal, and international regulatory agencies, for the provision of services related to a responsibility imposed on the department or CGCC by this Act, as defined.
34) Provides a licensed operator shall use its best efforts to protect registered players. Subject to the approval of DOJ, and consistent with uniform standards established by the department by regulation, each licensed operator shall establish administrative procedures to resolve registered player complaints, as specified.
35) Provides the Treasurer shall transfer all amounts received, as specified, to the Controller for deposit in the Internet Poker Fund, which is created in the State Treasury, to be administered by DOJ. All moneys in the fund are continuously appropriated to the department and CGCC, without regard to fiscal years, in the amounts necessary for the department and the CGCC to perform their duties under the Act.
36) Establishes the Unlawful Gambling Enforcement Fund within the General Fund for purposes of ensuring adequate resources for law enforcement charged with enforcing the prohibitions and protections of the provisions, as described above. Authorizes the Attorney General, and other public prosecutors, as specified, to bring a civil action to recover a civil penalty in an unspecified amount against a person who engages in those prohibited activities described above, or other specified unlawful gambling activities in connection with the use of an Internet access device. Provides for an unspecified percentage of revenues from civil penalties collected to be deposited into the fund and used for law enforcement activities pursuant to these provisions, upon appropriation by the Legislature.
37) Provides that any violation of the Internet Poker Consumer Protection Act of 2016 is punishable as a felony
38) Requires the CGCC, in consultation with the department, the Treasurer, and the Franchise Tax Board, to issue a report to the Legislature describing the state’s efforts to meet the policy goals articulated in this bill within one year of the operative date of this bill and, annually, thereafter.
39) Requires the Bureau of State Audits, at least 4 years after the issue date of any license by the state, but no later than 5 years after that date, to issue a report to the Legislature detailing the implementation of this bill, as specified.
40) Provides the Act shall remain in effect until January 1, 2024.
EXISTING LAW:
1) In 2000, Californians approved Proposition 1A which amended Article IV, Section 19 of the State Constitution to allow slot machines, lottery games, and banking and percentage card games on Indian tribal lands if: (1) the Governor and an Indian tribe reach agreement on a compact; (2) the Legislature approves the compact; and (3) the federal government approves the compact. Proposition 1A was a follow-up to a court’s determination that a 1998 statutory initiative authorizing tribal casinos (Proposition 5) was unconstitutional. The State of California has signed and ratified Tribal-State Gaming Compacts with 72 Tribes and there are Secretarial Procedures in effect with one Tribe. There are currently 60 casinos operated by 58 Tribes.
2) Existing federal law, the Federal Indian Gaming Regulatory Act (IGRA) of 1988, established the jurisdictional framework that presently governs Indian gaming. Under IGRA, before a tribe may lawfully conduct class III gaming (games commonly played at casinos, such as slot machines and black jack), the following conditions must be met: (1) The particular form of class III gaming must be permitted in the state; (2) The tribe and the state must have negotiated a compact that has been approved by the Secretary of the Interior; and (3) The tribe must have adopted a tribal gaming ordinance that has been approved by the chairman of the National Indian Gaming Commission.
3) States the Legislature has no power to authorize, and shall prohibit, casino games of the type currently operating in Nevada and New Jersey.
4) In 1984, California voters passed Proposition 37, an exception to the State Constitution prohibition against lotteries. Proposition 37 included the California Lottery Act and created the California State Lottery.
5) In 1933, California voters passed Proposition 5, an exception to the State Constitution, legalizing pari-mutuel wagering on horse racing. Regulation of horse racing is the responsibility of the California Horse Racing Board, which was established by the Legislature in 1933.
6) Provides an exception to the California Constitution to allow the Legislature to authorize cities and counties to provide for charitable bingo games. (Cal. Const. art. IV, §§ 19(b), 19(c).)
7) The Gambling Control Act of 1997 established the CGCC to regulate legal gaming in California and the Bureau of Gambling Control within the Department of Justice (DOJ) to investigate and enforce controlled gambling activities in California. It prohibits gambling in a city or county that does not have an ordinance governing certain aspects of the operation of gambling establishments, including the "hours of operation" of gambling establishments. The Act granted the CGCC licensing jurisdiction over the operation of card clubs and of all persons having an interest in the ownership or operation of card clubs.
8) Provides that, until January 1, 2020, if a local jurisdiction had not authorized legal gaming within its boundaries prior to January 1, 1996, then it is prohibited from authorizing legal gaming. Furthermore, until January 1, 2020, the California Gambling Commission is prohibited from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, unless an application to operate that establishment was on file with the division prior to September 1, 2000.
9) Provides "Gambling operation" means exposing for play one or more controlled games that are dealt, operated, carried on, conducted, or maintained for commercial gain.
10) Provides that a "banking game" or "banked game" does not include a controlled game if the published rules of the game feature a player-dealer position and provides that this position must be continuously and systematically rotated amongst each of the participants during the play of the game.
11) Authorizes and defines "Advance Deposit Wagering" as a form of pari-mutuel horse wagering in which a person "establishes an account with a board-approved betting system or wagering hub where the account owner provides 'wagering instructions' authorizing the entity holding the account to place wagers on the owner's behalf via the phone or Internet.
12) Existing federal law, the Unlawful Internet Gaming Enforcement Act of 2006 (UIGEA), prevents U.S. financial institutions from processing payments to online gambling businesses. The UIGEA does exempt three categories of transactions: intra-tribal, intrastate, and interstate horse racing. The UIGEA defines intrastate transactions are bets or wagers that are made exclusively within a single state, whose state laws or regulations contain certain safeguards regarding such transactions, expressly authorize the bet or wager and the method by which the bet or wager is made, and do not violate any provisions of applicable federal gaming statues.
FISCAL EFFECT: Unknown
COMMENTS:
Purpose of the bill: For over a century, gambling in California was confined to horse racing tracks and card rooms. Then, the California Lottery was authorized in 1984 and, through a series of federal court cases, changes in federal law, and Proposition 5 and 1A—casino gambling on Native American tribal lands emerged in the last decade of the 20th century. Now it appears that the Internet poker might be the next phase of gambling expansion in California.
The author states, in addition, to countless meetings held among the various stakeholders and interested parties, both supporting and opposing the concept of Internet poker, the Legislature has held numerous informational hearings and taken hours of testimony over the past 8+ years on the issues and challenges surrounding the authorization of intrastate Internet poker in California. On June 24, 2015, the Assembly Governmental Organization Committee held a lengthy informational hearing titled "The Legality of Internet Poker – How Prepared Is California to Regulate It." These hearings have helped to identify problems and solutions that have narrowed the differences among various stakeholders.
The author emphasizes that although various stakeholders and interested parties have different views relating to the legalization of iPoker in California, those entities have worked together in good faith toward the development of a regulatory framework. AB 2863 is the product of hours of meetings and negotiations with all interested stakeholders.
It has been reported that well over a million Californians are playing Internet poker on Web sites run by offshore companies that are not regulated or licensed by any U.S. government entity - these poker players are at the mercy of unscrupulous operators who may cheat them out of their money with absolutely no recourse. As a result, Californians who play poker on these websites have no way of protecting sensitive personal information when they use their credit card or provide other financial information to such a site. In addition, hundreds of millions of dollars are leaving the California economy, money (and tax revenues) that could stay in the state if intrastate iPoker was legalized in California.
AB 2863 contains numerous consumer protections to Californians who play online poker, ensure that the revenues from online poker are realized in California, and protect the public interest by ensuring that the various aspects of online poker are sanctioned and regulated by the state. This bill will create a new and innovative industry in California that will provide economic inducements to California's economy, including job creation. This bill includes strict standards to ensure that the online poker games are fair, played by persons of legal age who are located in California, and using advanced technologies to identify and restrict access by minors.
The author states that this bill includes a strong regulatory framework that protects Californians and cracks down on illegal online gaming, replacing it with safeguards against compulsive gambling, money laundering, fraud, and identity theft. In addition, the bill contains detailed criteria in the areas of licensing, enforcement, and regulatory oversight.
The author states, the bill addresses one of the major roadblocks that has prevented movement of a iPoker proposal over the years pertaining to California's horse racing industry being an eligible entity for licensure. AB 2863 creates the California Horse Racing Internet Poker Account, which would require the first $60 million collected annually from license fees and taxes on gross gaming revenues be deposited into the fund. The continuously appropriate fund would be distributed as follows: 1) a contribution retirement and welfare plan for California-licensed jockeys, past and present, as well as their dependents; 2) to supplement the pension plan for pari-mutuel employees administered on behalf of the labor organization that has historically represented the employees; 3) to racing associations or fairs as commissions and to horsemen purses; 4) breeder incentive awards; and 5) California's network of fairs. The subsidy is intended to resolve one of the main points of contention amongst the state’s diverse gambling interests. Over the years, many tribal gaming interests have stated they that would not support an iPoker proposal where horse racing is an eligible entity for licensure. Specific tribes have stated that only they and card-clubs have the right to offer live poker in the state, and if horse racing were allowed to participate, it would violate this exclusive right. The author states that a subsidy in lieu of a license will allow this long-storied agribusiness to continue to operate and thrive in California while not being financial impacted by the further expansion of iGaming in California.
The author believes this bill will create well-regulated iPoker framework in California that will be used as a national model for creating jobs and revenue for the state while providing a safe, regulated, and responsible entertainment option for its residents.
General Background: Some gaming experts say that legal gambling over the Internet is not just inevitable but mainstream and readily available to anyone desiring to partake in this activity. Recent reports state that Americans spent approximately $2.6 billion gambling online in 2012, despite it being illegal. Americans generate nearly 10 percent of the current $33 billion worldwide online gambling market. Most of that money went to illegal offshore gambling websites, meaning the websites are operated in other countries where online gambling is regulated or regulation is non-existent. These gaming sites are out of the reach of U.S. courts and regulators, exposing online players to significant risks without effective legal recourse.
Experts state that by 2020 the online gaming market is expected to witness substantial growth. This may be attributed to increasing number of users taking up online gaming as an entertainment tool. Furthermore, increasing consumer awareness towards interactive entertainment systems is also expected to drive the online gaming market demand. Availability of high speed internet connectivity, efficient hardware compatibility, sophisticated gaming techniques and increased consumer disposable income are some of the key factors driving the online gaming market.
Many gaming experts believe that legalizing intrastate Internet gaming could have a significant positive impact on state revenues by redirecting gaming revenues into a domestic, legal operation that otherwise currently go abroad. However, others have stated this is not easy because it would take time to establish operations, approve contracts, games, hubs, and convince existing players to redirect their gambling to legal, domestic sites.
The global legal framework for Internet gambling is a complicated mix of laws and regulations. In the United States, both federal and state statutes apply. Gambling is generally regulated at the state level, with federal law supporting state laws and regulations to ensure that interstate and foreign commerce do not circumvent them.
In October 2006, the United States Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), 31 U.S.C. 5361 et seq., which generally prohibits the use of banking instruments, including credit cards, checks, and fund transfers, for interstate Internet gambling, essentially prohibiting online gambling by United States citizens, but which includes exceptions that permit individual states to create a regulatory framework to enable intrastate Internet gambling, provided that the bets or wagers are made exclusively within a single state under specified circumstances.
On April 15, 2011, three online poker companies (PokerStars, Full Tilt Poker, Absolute Poker/UltimateBet) were indicted for violating U.S. laws that prohibit the acceptance of any financial instrument in connection with unlawful Internet gambling. The companies argued that poker is a game of skill rather than a game of chance, and therefore, online poker is not unlawful Internet gambling. The indictments, quickly dubbed “Black Friday” by the poker community, came as a shock to a large number of Americans — estimated between 1.3 million and 15 million — who were playing poker online for real money.
On July 31, 2012, the U.S. Attorney’s Office announced that the United States had entered into settlement agreements with PokerStars and Full Tilt Poker. U.S. District Judge Leonard B. Sand approved the $731 million settlement. Under the terms of the settlement with Full Tilt Poker, the company agreed to forfeit virtually all of its assets to the U.S. to fully resolve the charges in the complaint. Under the terms of the settlement with PokerStars, the company agreed to forfeit $547 million to the U.S. and to reimburse the approximately $184 million owed by Full Tilt to foreign players in order to fully resolve the allegations in the complaint. The settlement further provided that PokerStars would acquire the forfeited Full Tilt assets from the government. The settlements with regard to Full Tilt Poker and PokerStars, and a proposed settlement with Absolute Poker, “did not constitute admissions of any wrongdoing, culpability, liability, or guilt by any parties.”
On July 14, 2011, Senate Minority Whip Jon Kyl (R-Ariz.) and Senate Majority Leader Harry Reid (D-Nev.) sent a letter to U.S. Attorney General Eric Holder asking the U.S. Department of Justice to clarify its position regarding enforcement of online gambling laws.
On December 23, 2011, the Office of Legal Counsel of the DOJ issued a Memorandum Opinion, as an attachment letter to Senator Harry Reid’s July 2011 request. The opinion letter rejected DOJ’s long-held interpretation of the Wire Act, by concluding that the Act prohibits only sports betting. Until then, DOJ had consistently declared that the Act barred both "casino games and sports betting." DOJ noted that there appeared to be a conflict between the Act and UIGEA. DOJ stated that the “unlawful Internet gaming” of the UIGEA does not include intra-state transactions that, among other things, are routed across state lines. DOJ's new policy did not constitute federal regulation of Internet gambling, but removed obstacles, which prevented state governments from enacting legislation, rules and regulations to regulate intrastate iGaming and issue licenses to Internet gambling operators and their technology providers.
In summary, federal law prohibits online gambling by U.S. citizens but includes specific provisions that allow individual states to offer intrastate Internet gaming, provided that state laws permitting and regulating that activity could impose reasonable protections against participation by underage persons or by persons located outside the boundaries of the states. So far, only three U.S. states allow licensed online casinos and poker sites. These states are Nevada, Delaware, and New Jersey. In all three states, a significant portion of the established gaming interests in the states bought into the idea that online gambling could help – not harm – their business models.
California’s Involvement in iGaming Legislation: At stated above, under the terms of UIGEA, states may authorize intrastate Internet poker. California, however, currently has no such law. As such, it is legal to play poker in Native American tribal casinos and state-approved card clubs inside California, but not legal to play online poker on a site that allows players from California, other states, and other countries to wager against each other. The effect of the federal law prohibiting interstate internet gambling and California’s lack of a law authorizing intrastate internet gambling has been to channel players in California to offshore sites.
Internet gambling has been a topic of consideration in California for some time. With a population of nearly 38 million, California has the potential to be a lucrative Internet gambling market should the state choose to regulate Internet gambling, beyond pari-mutuel wagering on horseracing, in the future.
From 2008-2014, eleven legislative proposals have been introduced in California in an attempt to change the nature of Internet gambling. Each bill was referred to the respective Governmental Organization Committee in each house but no testimony or vote was ever taken on the issue.
In 2015, four bills (AB 431-Gray, AB 9-Gatto, AB 167- Jones-Sawyer, and SB 278-Hall) were introduced relating to the authorization of iPoker in California. Three of the bills (AB 9, AB 167, and SB 278) were never heard in the respective Governmental Organization Committee. AB 167 (Jones-Sawyer) would have permitted all card clubs, tribes, and racetracks to offer online poker in California. AB 9 (Gatto) did not permit licensing of racetracks and included a bad actor clause (would preclude operators that took bets in the U.S. after the passage of UIGEA in 2006). AB 431 (Gray) declared the intent of the Legislature to authorize iPoker in California and adopt a legal and regulatory framework. The bill was the first iPoker proposal to ever be heard and pass a legislative committee (Assembly G.O. and Appropriations) but was held on the Assembly Inactive File for further discussion. A summary of the various iPoker legislative proposals can be found on page 17.
Proponents state that providing a legal mechanism for iPoker offers an alternative to illegal gambling now being played on the Internet. Californians can be protected from unscrupulous gambling enterprises by licensing and regulating iPoker. Proponents further state, the eventual authorization of iPoker, will not only allow California to protect its consumers but also help law enforcement agencies work with the industry in preventing underage gambling, identity theft and other related fraud activity.
Proponents state that an iPoker framework in California would not only generate much needed revenue to the state but would spur a new industry in California that will provide economic inducements to California's economy, including jobs. In addition, under a state system, the state would retain tax revenues in contrast to a federal system where revenues would be divided between the state and federal government.
Opponents claim that legal Internet gambling represents the “Mother of All Expansions,” turning every home computer, school laptop, I-phone, I-pad and most cell phones into a gambling device, and every home, dorm-room, apartment and Wi-Fi business into a casino. Concerns center on whether widespread availability of legal and attractive iGaming system would become problematic with specific subgroups in the population, such as young adults. Opponents have raised concerns that the fast speed of online games and addictive nature of play can contribute to high player losses and gambling addictions.
California’s horse racing industry is the only legal industry in this state with experience in the realm of offering wagering over the Internet. Advance Deposit Wagering (ADW) as authorized by AB 471 (Hertzberg), Chapter 198, Statutes of 2001 is a system whereby a person establishes an account, or multiple accounts at a CHRB-approved “betting system” or a board-approved “multi-jurisdictional wagering hub.” When a person calls to place a wager from his or her account, the California law provides that they are actually providing “wagering instructions,” rather than actually making the wager themselves. In 20143, the total amount wagered by patrons through California's licensed ADW providers was more than $600 million.
On-line Poker Revenue Projections for California: Most gaming experts agree that the market for regulated online poker in California will be the largest in the United States. The state would benefit financially in three main ways: taxes paid on operator revenues and profits, income taxes from player winnings, and taxes paid by suppliers and employees of gaming sites. The largest revenue source would be from site operators who would pay fees based on Gross Gaming Revenues (GGR). GGR consists of total wagers made by customers less the winnings paid back to its customers, and a tax rate is applied on the base.
A forecast by Morgan Stanley stated that given California’s population of 38 million people (vs. NJ's 8 million), “we expect the market to reach $1.1B by 2017.” Morgan Stanley estimates that the online poker market in California will be approximately $435 million in Year 1, growing to $1.1 billion by Year 3.
A study published by Academicon and PokerScout in December 2013 stated, if California were to legalize and regulate online poker, the market could generate revenue between $217 million and $263 million in its first year of operation and up to $384 million in year ten.
A 2011 study by former California Finance Director Timothy Gage stated that online poker could generate as much as $1.4 billion in revenue over the first decade if a bill was passed. This income would come from direct and indirect taxes tied to the wagering activity. The study further stated that up to 1,300 new jobs could possibly be created – led by jobs in marketing services, high tech jobs like programmers, and gaming providers.
California's population is larger than every country in Europe but eight and is viewed by many as possessing the needed online poker liquidity to maintain the player base that is crucial to ensure that such a system is successful from a monetary standpoint.
States that have legalized Internet Gaming: Nevada allows interactive wagering on poker and sports; Delaware allows betting on table games, video lottery, and poker; and New Jersey permits casino games and poker. Currently, New Jersey dominates the market, with about 90 percent of total U.S. online gaming revenue. Poker represents about one-third of total online gaming market in those three states.
Nevada: An Internet gaming bill, AB 466, was enacted in June 2001. It authorized certain commercial casinos to offer so-called “interactive gaming.” Interactive gaming, currently limited to intrastate Internet poker, went live in April 2013 pursuant to final regulations that were promulgated in December 2011. Nevada prohibits Internet gambling businesses that knowingly and intentionally took or facilitated unregulated U.S. bets after December 31, 2006, from obtaining interactive gaming licensure for five years, after the enactment of AB 466. Nevada has two web poker operators—a World Series of Poker (WSOP)-branded online poker site and an online site from South Point Casino (Real Gaming). Nevada’s gross revenue from gaming is generally subject to a 6.75 percent tax.
At the end of 2014, an online poker site from Station Casinos (Ultimate Gaming) stopped offering iPoker due to lackluster revenue. The Nevada Gaming Control Board (NGCB) also stopped releasing revenue figures, as the state requires at least three operational sites before such data is released. In 2015, Nevada and Delaware entered into an interstate poker player sharing agreement, and following an initial boost to iPoker revenues, the revenue numbers returned to pre-compact levels.
New Jersey: An Internet gaming bill, A2578, was enacted in February 2013. It authorized commercial casinos to offer iGaming in the state of New Jersey. Internet gaming, currently limited to intrastate Internet poker, table games and slots, went live in November 2013 pursuant to final regulations that were promulgated in September 2013. New Jersey requires its online gambling licensees to collaborate with a brick-and-mortar casino partner. Six commercial casinos are currently operating Internet gambling websites. Furthermore, each casino has multiple online gaming websites operating under their license. The Division of Gaming Enforcement (DGE) determines license suitability of a participant. The state does not have specific language in its Internet gaming statute or regulations that expressly addresses so-called "bad actors." New Jersey taxes online gambling revenue at a rate of 15% of gross gaming revenue.
In 2015, according to the DGE, the online revenue came to $148.8 million, 21% higher than 2014’s total. Total online casino revenue in 2015 was $125 million, up one-third from 2014, while poker revenue fell 18% to $23.8 million. The state’s annual tax from online gambling was $18.4 million. Overall, online gambling has risen in popularity since New Jersey introduced regulation in 2013, and currently it accounts for approximately 8% of the Garden State’s overall gambling market.
In December 2013, the DGE suspended their review of a license application by the former owners of PokerStars, citing legal concerns about management’s outstanding issues with the DOJ. In 2014, Pokerstars, also the owner of Full Tilt, sold their gambling business to Amaya Gaming Group for $4.9 billion. In addition, specific executives stepped down as part of the sale to Amaya. After a lengthy investigation, in September 2015, Amaya received its approval (Transactional Waiver Order) to operate PokerStars and Full Tilt in the state. PokerStars began accepting wagers on March 2016. On April 1, 2016, Amaya’s online gaming license was renewed (Transactional Waiver Order) by the DGE for another six months. PokerStars NJ operates in conjunction with its partner, Resorts Casino Hotel in Atlantic City, and offers both poker and casino games online at PokerStarsNJ.com to players who are physically located in the state.
In 2016, the Pala Band of Mission Indians, a California tribe partnered with the Borgata Hotel Casino & Spa to supply the casino with its online gaming platform and to provide both online poker and casino games to residents of the state. The tribe was licensed by the DGR in 2014.
Delaware: An Internet gaming bill, HB 333, was enacted in 2012. It authorized games, such as slots, roulette, poker and blackjack, which are to be played on each Delaware casino's websites (horse racetracks with casinos) and controlled centrally by the Delaware State Lottery.
A single provider powers the state’s online casino and poker offerings (888 and Scientific Games). Total online gaming revenue (all games) for 2015 was $1.8 million, 14% lower than the $2.1 million collected in 2014. Poker accounted for approximately $500,000 of that total revenue figure. When poker first became legalized online in 2013, monthly revenues routinely were between $50,000 and $100,000. The market topped out in December 2013, as poker rake and fees reached $106,922. Since June 2014, those amounts have not reached the $50,000 threshold. The state’s revenue sharing arrangement with the three casinos authorized to offer online gambling allows it to keep the first $3.75 million of online revenue, meaning the casinos did not share in any of the revenue. The state has experienced low registration rates and the wagering games are not available on devices such as tablets and smart phones.
States that ban iGaming: Eight states have enacted laws expressly prohibiting iGaming. Illinois, Indiana, Louisiana, Montana, Nevada, Oregon, South Dakota, and Washington prohibit Internet Gambling. Additionally, Washington law provides that a person that transmits or receives gambling information by the Internet is guilty of a felony.
2015 Legislative Action by States: In 2015, seven states considered but did not enact legislation that would authorize Internet gambling or amend existing Internet gambling statutes. Some states, including California and New York, considered legislation that would authorize Internet poker, only, while others, including Pennsylvania, considered bills that would authorize some combination of Internet poker, table games and slot games. The states were as follows:
California, Delaware, Illinois, Massachusetts, New Jersey, New York, Pennsylvania.
In Pennsylvania, HB 649 (Representative Payne) would legalize and regulate online gaming with licenses going to the state’s existing land-based casinos. The tax rate the state will impose on online gambling operators remains unresolved at this point, with the House calling for a 16 percent tax on gross gaming revenue, while the Senate’s bill version would impose a 54 percent tax on GGR. The bill does not contain so-called “bad actor” language. HB649 is pending on the House floor. It should be noted that California, New York and Pennsylvania, account for roughly 22 percent of the U.S. population.
In May 2015, New York State Senator John Bonacic introduced S5302B that would license online poker in the state. Online poker companies would be required to partner with an existing racino or commercial casino. The bill contains a tax rate of 15 percent on online poker operators, who would also have to pay $10 million for a 10-year license. Up to 10 licenses could be awarded. The bill does not contain so-called “bad actor” language. The 2016 Legislature adjourns on June 16.
In March 2015, Morgan Stanley revised its forecast for the nationwide online betting market at $2.7 billion by 2020, down from the $5 billion it predicted in late September 2014. The firm cited several reasons for the reevaluation, from payment processing and geolocation problems, to a lack of effective marketing and the continued strength of the offshore market. The firm forecasts the 2017 online market will be $410 million, down from an initial estimate of $1.3 billion. It predicts 15 states will legalize online gambling by 2020, with legalization in larger states prompting smaller ones to follow suit.
What about Federal Legislation to Regulate iGaming? On the federal level, proposals have been introduced to establish a federal regulatory system for Internet gaming. Congressional representative Barney Frank (2010), Senator Harry Reid (2012), Congressman Peter King (2013), and Congressman Joe Barton (2011 & 2013) introduced bills which would have instituted federal regulation of a legalized system of Internet gaming. However, all of the bills stalled in their respective house of origin. It has been stated that Federal regulation would provide a single, comprehensive mechanism for consistent licensing, operation and enforcement of U.S. Internet gambling laws.
2015 Federal Action - The Restoration of America’s Wire Act: In 2015, Representative Jason Chaffetz (R-UT) and Senator Lindsey Graham (R-SC) respectively introduced the Restoration of America's Wire Act (RAWA) bill in the House and Senate for the second consecutive year. RAWA would amend provisions of the federal criminal code, commonly known as the Federal Wire Act of 1961, to provide that the prohibition against transmission of wagering information shall apply to any bet or wager, or information assisting in the placing of any bet or wager (thus making such prohibition applicable to all types of gambling activities, including Internet gambling. Two Congressional hearings were held on the contents of RAWA but no further action was taken.
In Support: San Manuel Band of Mission Indians, Morongo Band of Mission Indians, Commerce Casino, Bicycle Casino, Hawaiian Gardens Casino, and Amaya Inc./PokerStars writes, "this bill will protect consumers, create jobs, and strengthen our state’s economy by authorizing and regulating intrastate, Internet Poker in California. Authorizing online poker will be good for millions of consumers and poker players who will benefit from a safe, regulated, commercial gaming environment where they are protected and assured that the games are fair and honest. AB 2863 will establish a vibrant, competitive marketplace, provide superior consumer protections, require strict oversight and regulation of licensees and service providers, and ensure that the state receives a reasonable return. We also appreciate the author's inclusive, transparent approach for getting all parties to dialogue. We are confident the few remaining issues can be resolved and an agreement can be reached to finalize AB 2863 as it moves through the legislative process. Every year that California fails to act not only puts consumers at risk while playing online games from unregulated offshore localities that provide few protections, but our state also loses out on collecting hundreds of millions of dollars that can be used for essential programs like public schools, public safety, healthcare and social services."
The Service Employees International Union (SEIU) writes, "SEIU represents over 700,000 workers statewide, including pari-mutuel clerks at California’s Thoroughbred Racing facilities. We have been a part of the discussions regarding Internet Poker legislation and look forward to passing legislation this year that will bring additional revenue and jobs to our state. We would also like to make a few comments on the direction and intent of the bill. First, the $60 million payment in AB 2863 for the horse racing industry is a much-needed boost to the industry. We hope to work with you as the bill moves forward to ensure that the industry and its workers benefit from this revenue source."
The Thoroughbred Owners of California, Del Mar Thoroughbred Club, California Thoroughbred Breeders Association, The Jockeys Guild, California Authority of Racing Fairs, California Teamsters Public Affairs Council, California Thoroughbred Trainers, Los Alamitos Racing Association, SEIU California writes, on behalf of the California horse racing and
breeding industries, writes in support of AB 2863. "More specifically, we write on behalf of the racetracks, fairs, jockeys, pari-mutuel clerks and thousands of California horse owners and trainers who have invested hundreds of millions of dollars into our state’s economy to support the $2.5 billion horse agribusiness. The Thoroughbred industry in California employs more than 50,000 people. Racing, breeding and training occurs in 28 counties within in California and attracts fans, breeders and owners from around the world. In 2001, the California Legislature granted exclusive authority to the horse racing industry to offer wagering on the Internet via advanced deposit wagering or ADW. This power was authorized following the passage of Tribal Gaming under Proposition 1A, which directly resulted in a 40% decline in racing industry revenues. Over the past 15 years, California Horseracing has completely restructured its business model to embrace the new ADW technologies and online wagering exclusivity afforded us by the Legislature. This year we project over $600 million in ADW wagering or more than 40% percent of total pari-mutuel wagering in the State. The ADW wagering has helped partially offset the tremendous disadvantage that the California industry currently faces as the only major racing state in which horse racing does not participate in any form of alternate gaming revenues
(i.e., sharing in percentage of slot machines, casino games or having the right to offer such
games as is the case in other major racing states like New York, Florida, and Maryland). For comparison, in 2014 the horse racing industry in New York received over $238 million from state casino interests to support the racing agribusiness in that state. This financial imbalance with other racing states continues to threaten the viability of horse racing in California, tens of thousands of jobs and billions of dollars in agricultural investment. With our industry’s increasing reliance on Internet wagering and the lack of other gaming revenue support, we are obligated to take a hard look at any new form of online gambling in California." To
protect against any misunderstandings or false precedents that could impact such other legislation, we would ask for clarifying language in AB 2863 to the effect that: The
Chapter authorizes Internet poker only and nothing in this chapter shall preclude a horseracing association from participating in future Internet gambling activities that do not include Internet
poker.
The Pokers Players Alliance writes, California has a long tradition with the game of poker and card rooms. This bill charts the course towards responsible regulation of iPoker and puts California at the leading edge of this burgeoning industry. AB 2863 will corral the current unregulated marketplace and turn it into a system that is safe for consumers and accountable to regulators. This bill mandates technologies to protect consumers from fraud, eliminates underage access and mitigates compulsive gambling behaviors. These regulatory safeguards are not theoretical. They are reality. Today three states – Nevada, Delaware and New Jersey – have authorized and are regulating Internet poker. In these states, the regulated operators are accountable to the players, regulators, and law enforcement and they are continually reviewed to ensure they are meeting, and exceeding, the prescribed technical safeguards.
In Opposition: The Coalition to Stop Internet Gambling (CSIG) writes in opposition, “CSIG is opposed to this legislation because if approved it would hurt California families and the California economy.” Internet Poker is an assault on California’s children and families. Legalization of Internet Poker will place a casino in every person’s living room, mobile device, or tablet—24 hours per day, 7 days per week and represent the largest gambling expansion in California’s history. Internet Poker is riddled with false promises that stifle economic development. California should not be led down this path by offshore gaming operators with questionable legal histories whose only intention will be to drive our state’s consumers away from California facilities and into their servers and databases. Legalized Internet gaming has been a fiscal loser for the states who have legalized it and the financial promises made by proponents never been met. The risks far outweigh the rewards. There is no compelling policy reason to approve Internet Poker, the public is demonstrably opposed, and it puts kids at risk and provides safe harbor for illicit money laundering."
Related legislation: AB 1437 (Gray) of the 2015/2016 Session. Would enact the Internet Fantasy Sports Games Consumer Protection Act, which would require a person or entity to apply for, and receive, a license from the DOJ prior to offering an Internet fantasy sports game for play in California. (Pending in Senate Rules Committee)
Prior legislation: AB 431 (Gray) of 2015. Would declare the intent of the Legislature to authorize Internet poker in California and adopt a legal and regulatory framework that complies with federal law. The bill declares the framework shall include strict standards to ensure the fairness and integrity of the games, appropriate consumer protections, fair revenue for the state, safeguards against underage play, and mechanisms to address negative impacts of Internet poker gambling. (Held on the Assembly Floor)
AB 9 (Gatto) of 2015. This bill, which would be known as the Internet Poker Consumer Protection Act of 2015, would have established a framework to authorize intrastate Internet poker, as specified. The bill did not permit licensing of horse racing entities and excluded any company that accepted bets after December 31, 2006 in the U.S. without proper licensing, as specified. (Never Heard in Assembly G.O. Committee)
AB 167 (Jones-Sawyer) of 2015. This bill, which would be known as the Internet Poker Consumer Protection Act of 2015, would have permitted card clubs, tribes, and racetracks to offer intrastate online poker in California, as specified. (Never Heard in Assembly G.O. Committee)
SB 278 (Hall) of 2015. Would have authorized the operation of an Internet poker web site within the borders of the state. The bill required CGCC, in consultation with DOJ, to promulgate regulations for intrastate Internet poker. The regulations would include, but not be limited to, a licensing process for an individual or entity to become an operator of an Internet poker Web site and rules for the operation of an Internet poker Web site. (Never Heard in Senate G.O. Committee)
AB 2291 (Jones-Sawyer) of 2013/2014 Session. Would have authorized intrastate Internet poker, as specified. (Never heard in Committee on Assembly G.O.)
SB 1366 (Correa) of 2013/2014 Session. Would have authorized intrastate Internet poker, as specified. The bill would authorize eligible entities to apply for a license to operate an intrastate Internet poker Web site offering the play of authorized games to players within California, as specified. (Never heard in Committee on Senate G.O.)
SB 51 (Wright) of 2013/2014 Session. Would have authorized intrastate Internet gambling, as specified. Would have authorized eligible entities to apply to CGCC for a 10-year license to operate an intrastate Internet gambling Web site offering the play of authorized gambling games to registered players within California. (Never heard in Committee on Senate G.O.)
SB 678 (Correa) of 2013/2014 Session. Would have authorized intrastate Internet poker, as specified. The bill would have authorize eligible entities to apply for a license to operate an intrastate Internet poker Web site offering the play of authorized games to players within California, as specified. (Never heard in Committee on Senate G.O.)
SB 1463 (Wright) of 2011-12 Session. Would have enacted the "Internet Gambling Consumer Protection and Public-Private Partnership Act of 2012" for the stated purpose of authorizing, intrastate Internet gambling. (Never heard in Committee on Senate G.O.)
SB 40 (Correa) of 2011-12 Session. Would have authorized intrastate Internet poker, as specified. The bill required the CGCC to adopt emergency regulations, in consultation with the department, providing for the issuance of licenses to operate intrastate Internet poker Web sites.
SB 45 (Wright) of 2011-12 Session. Would have established a framework to authorize intrastate
Internet gambling, as specified. The bill would have required the Bureau to issue a request for proposals to enter into contracts with up to 3 hub operators, as defined, to provide lawful Internet
gambling games to registered players in California for a period of 20 years, as specified. (Never heard in Committee on Senate G.O.)
SB 1485 (Wright) of 2009-10 Session. Would have enacted the "Internet Gambling Consumer Protection and Public-Private Partnership Act of 2010" for the stated purpose of authorizing, intrastate Internet gambling. (Never heard in Committee on Senate G.O.)
AB 2026 (Levine) of 2007-08 Session. Would have authorized the intrastate play of various Internet poker games to be offered by licensed gambling establishments registered with CGCC.
(Never heard in Committee on Senate G.O.)
REGISTERED SUPPORT / OPPOSITION:
Support
Bicycle Casino
California Authority of Racing Fairs
California Teamsters Public Affairs Council
California Thoroughbred Breeders Association
California Thoroughbred Trainers
Commerce Casino
Del Mar Thoroughbred Club
Hawaiian Gardens Casino
Jockeys Guild
Lake Elsinore Casino
Los Alamitos Racing Association
Morongo Band of Mission Indians
Napa Valley Casino
Pala Band of Mission Indians
Poker Players Alliance
Amaya Inc./PokerStars
Rincon Band of Luiseño Indians
San Manuel Band of Mission Indians
SEIU California
Stones Gambling Hall
Thoroughbred Owners of California
United Auburn Indian Community
Opposition
Coalition to Stop Internet Gambling
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531
Discussed in Hearing
1MIN
Assembly Floor
42MIN
Assembly Standing Committee on Appropriations
54MIN
Assembly Standing Committee on Appropriations
1H
Assembly Standing Committee on Governmental Organization
Bill Co-Author(s):