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AB-441 Local gaming.(2009-2010)

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AB441:v95#DOCUMENT

Assembly Bill No. 441
CHAPTER 530

An act to repeal Section 19961.05 of, and to add Section 19961.06 to, the Business and Professions Code, relating to gaming.

[ Approved by Governor  September 29, 2010. Filed with Secretary of State  September 29, 2010. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 441, Hall. Local gaming.
Existing law permits a city, county, or city and county to permit controlled gambling, consistent with state law, if a majority of voters affirmatively approve an ordinance so permitting, as specified. Existing law provides that an amendment of an ordinance permitting an increase of 24.99% in the number of gambling tables that may be operated in a gambling establishment in a city, county, or city and county, or 2 tables, whichever is greater, compared to the ordinance in effect on January 1, 1996, may occur without voter approval. Any amendment to a city or county ordinance relating to gambling establishments or the Gambling Control Act is required to be submitted to the Division of Gambling Control for review and comment before the ordinance is adopted by the city or county.
This bill, instead, would provide that an amendment of an ordinance permitting an increase of 2 tables in the number of gambling tables that may be operated in a gambling establishment in a city, county, or city and county, compared to the ordinance in effect on January 1, 2010, may occur without voter approval. The bill would permit a city, county, or city and county to exercise its authority to amend a local gaming ordinance without voter approval pursuant to this provision only one time.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19961.05 of the Business and Professions Code is repealed.

SEC. 2.

 Section 19961.06 is added to the Business and Professions Code, to read:

19961.06.
 Notwithstanding Sections 19961 and 19962, a city, county, or city and county may amend an ordinance to increase by two the number of gambling tables that may be operated in a gambling establishment in the city, county, or city and county, compared to the ordinance that was in effect on January 1, 2010. A city, county, or city and county may exercise the authority provided by this section only one time, but this authority shall be in addition to any authorization under any other law for a city, county, or city and county to increase the number of gambling tables that may be operated in a gambling establishment in the city, county, or city and county.