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AB-1033 Gambling Control Act: persons under 21 years of age.(2017-2018)

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Date Published: 03/22/2017 09:00 PM
AB1033:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1033


Introduced by Assembly Member Cristina Garcia

February 16, 2017


An act to amend Section 17539.1 of the Business and Professions Code, relating to sweepstakes. Sections 19911, 19921, and 19941 of the Business and Professions Code, relating to gaming.


LEGISLATIVE COUNSEL'S DIGEST


AB 1033, as amended, Cristina Garcia. Unfair business practices: contests and sweepstakes. Gambling Control Act: persons under 21 years of age.
The Gambling Control Act generally provides for the licensure and regulation of certain individuals and establishments involved in various gambling activities by the California Gambling Control Commission and the Department of Justice. The act prohibits a person under 21 years of age from being eligible for a work permit in a gambling establishment or from entering the premises of a gambling establishment, except as provided. The act makes it a crime for a person under 21 years of age to, among other things, be an employee of a licensed gambling establishment where gambling activity or activity directly associated with gambling takes place.
This bill would permit a person between 18 and 21 years of age to work in a gambling establishment in job classifications that entails providing services on and off the gaming floor that are not involved in play of any controlled game, as specified.

Existing law generally regulates false advertising and specifically prohibits certain unfair acts or practices undertaken by, or omissions of, a person in the operation of a contest, including misrepresenting the odds of winning a prize or failing to award and distribute all prizes.

Existing law, with certain exceptions, prohibits using or offering to use any method intended to be used by a person interacting with an electronic video monitor to simulate gambling or play gambling-themed games in a business establishment, as defined, that directly or indirectly implements the predetermination of sweepstakes cash, cash-equivalent prizes, or other prizes of value, or otherwise connects a sweepstakes player or participant with sweepstakes cash, cash-equivalent prizes, or other prizes of value. A violation of this provision is a misdemeanor.

This bill would, instead, make violation of that provision punishable as a felony.

By increasing the duties of the local prosecutor, this bill would impose a state-mandated local program.

Existing law specifies that these provisions do not render unlawful or restrict otherwise lawful games and methods used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery.

This bill would expand that exemption to include lawful technologies and software used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery.

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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 19911 of the Business and Professions Code is amended to read:

19911.
 No (a) A person under the age of 21 years of age shall not be eligible for a work permit and no a permit shall not be issued to a person under the age 21 years of 21 years. age, except as provided in subdivision (b).
(b) A person between 18 and 21 years of age may be employed to work in a gambling establishment, provided that he or she shall not work as a dealer, floor personnel, or any other employment classification that exclusively involves working on the floor of the gambling establishment. A person between 18 and 21 years of age may be employed in job classifications that entail providing services on and off the gaming floor that are not involved in play of any controlled game.

SEC. 2.

 Section 19921 of the Business and Professions Code is amended to read:

19921.
 (a) No A person under 21 years of age shall not be permitted to enter upon the premises of a licensed gambling establishment, or any part thereof, except the following:
(1) An area, physically separated from any gambling area, for the exclusive purpose of dining. For purposes of this subdivision, any place wherein food or beverages are dispensed primarily by vending machines shall not constitute a place for dining.
(2) Restrooms.
(3) A supervised room that is physically separated from any gambling area and used primarily for the purpose of entertainment or recreation.
(4) A designated pathway to reach any of the areas described in paragraphs (1) to (3), inclusive. To the extent that the designated pathway requires an individual to enter upon or pass through the gaming floor, all persons under 21 years of age shall be accompanied by a person over 21 years of age or be in the presence of a gambling establishment employee over 21 years of age.
(5) In accordance with subdivision (b) of Section 19911.
(b) No A person under 21 years of age shall not be permitted to loiter in a gaming area.

SEC. 3.

 Section 19941 of the Business and Professions Code is amended to read:

19941.
 (a) A person under 21 years of age shall not do any of the following:
(1) Play, be allowed to play, place wagers at, or collect winnings from, whether personally or through an agent, any gambling game.
(2) Be employed as an employee in a licensed gambling establishment establishment, except in a parking lot, coffee shop, restaurant, business office, or other similar room, as determined by regulations, wherein no gambling activity or activity directly associated with gambling takes place. as authorized in Section 19911.
(3) Present or offer to any licensee, or to an agent of a licensee, any written, printed, or photostatic evidence of age and identity that is false, fraudulent, or not actually his or her own for the purpose of doing any of the things described in paragraphs (1) and (2).
(4) Loiter in or about any room in which any gambling game is operated or conducted.
(b) Any licensee or employee in a gambling establishment who violates or permits the violation of paragraphs (1) to (3), inclusive, of subdivision (a) is guilty of a misdemeanor.
(c) Any person under 21 years of age who violates this section is guilty of a misdemeanor.
(d) Proof that a licensee, or agent or employee of a licensee, demanded, was shown, and acted in reliance upon bona fide evidence of age and identity shall be a defense to any criminal prosecution under this section or to any proceeding for the suspension or revocation of any license or work permit based thereon. For the purposes of this section, “bona fide evidence of age and identity” means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license or an identification card issued to a member of the Armed Forces, that contains the name, date of birth, description, and picture of the person.

SECTION 1.Section 17539.1 of the Business and Professions Code is amended to read:
17539.1.

(a)The following unfair acts or practices undertaken by, or omissions of, any person in the operation of any contest or sweepstakes are prohibited:

(1)Failing to clearly and conspicuously disclose, at the time of the initial contest solicitation, at the time of each precontest promotional solicitation, and each time the payment of money is required to become or to remain a contestant, the total number of contestants anticipated based on prior experience and the percentages of contestants correctly solving each puzzle used in the three most recently completed contests conducted by the person. If the person has not operated or promoted three contests he or she shall disclose for each prior contest, if any, the information required by this section.

(2)Failing to promptly send to each member of the public, upon his or her request, the actual number and percentage of contestants correctly solving each puzzle or game in the contest most recently completed.

(3)Misrepresenting in any manner the odds of winning any prize.

(4)Misrepresenting in any manner, the rules, terms, or conditions of participation in a contest.

(5)Failing to clearly and conspicuously disclose with all contest puzzles and games and with all promotional puzzles and games all of the following:

(A)The maximum number of puzzles or games that may be necessary to complete the contest and determine winners.

(B)The maximum amount of money, including the maximum cost of any postage and handling fees, that a participant may be asked to pay to win each of the contest prizes then offered.

(C)That future puzzles or games, if any, or tie breakers, if any, will be significantly more difficult than the initial puzzle.

(D)The date or dates on or before which the contest will terminate and upon which all prizes will be awarded.

(E)The method of determining prizewinners if a tie remains after the last tie breaker puzzle is completed.

(F)All rules, regulations, terms, and conditions of the contest.

(6)Failing to clearly and conspicuously disclose the exact nature and approximate value of the prizes when offered.

(7)Failing to award and distribute all prizes of the value and type represented.

(8)Representing directly or by implication that the number of participants has been significantly limited, or that any particular person has been selected to win a prize unless such is the fact.

(9)Representing directly or by implication that any particular person has won any money, prize, thing, or other value in a contest unless there has been a real contest in which a meaningful percentage, which shall be at least a majority, of the participants in such contests have failed to win a prize, money, thing, or other value.

(10)Representing directly or by implication that any particular person has won any money, prize, thing, or other value without disclosing the exact nature and approximate value thereof.

(11)Using the word “lucky” to describe any number, ticket, coupon, symbol, or other entry, or representing in any other manner directly or by implication that any number, ticket, coupon, symbol, or other entry confers or will confer an advantage upon the recipient that other recipients will not have, that the recipient is more likely to win a prize than are others, or that the number, ticket, coupon, symbol, or other entry has some value that other entries do not have.

(12)Using or offering for use any method intended to be used by a person interacting with an electronic video monitor to simulate gambling or play gambling-themed games in a business establishment that (A) directly or indirectly implements the predetermination of sweepstakes cash, cash-equivalent prizes, or other prizes of value, or (B) otherwise connects a sweepstakes player or participant with sweepstakes cash, cash-equivalent prizes, or other prizes of value. For the purposes of this paragraph, “business establishment” means a business that has any financial interest in the conduct of the sweepstakes or the sale of the products or services being promoted by the sweepstakes at its physical location. This paragraph does not make unlawful game promotions or sweepstakes conducted by for-profit commercial entities on a limited and occasional basis as an advertising and marketing tool that are incidental to substantial bona fide sales of consumer products or services and that are not intended to provide a vehicle for the establishment of places of ongoing gambling or gaming. Notwithstanding Section 17534, a violation of this paragraph is punishable as a felony.

(13)Failing to obtain the express written or oral consent of individuals before their names are used for a promotional purpose in connection with a mailing to a third person.

(14)Using or distributing simulated checks, currency, or any simulated item of value unless there is clearly and conspicuously printed thereon the words: SPECIMEN—NONNEGOTIABLE.

(15)Representing, directly or by implication, orally or in writing, that any tie breaker puzzle may be entered upon the payment of money qualifying the contestant for an extra cash or any other type of prize or prizes unless:

(A)It is clearly and conspicuously disclosed that the payments are optional and that contestants are not required to pay money, except for reasonable postage and handling fees, to play for an extra cash or any other type of prize or prizes; and

(B)Contestants are clearly and conspicuously given the opportunity to indicate they wish to enter such phase of the contest for free, except for reasonable postage and handling fees the amount of which shall not exceed one dollar and fifty cents ($1.50) plus the actual cost of postage and which shall be clearly and conspicuously disclosed at the time of the initial contest solicitation and each time thereafter that the payment of such fees is required. The contestants’ opportunity to indicate they wish to enter for free shall be in immediate conjunction with and in a like manner as the contestants’ opportunity to indicate they wish to play for an extra prize.

(b)For the purposes of this section, “sweepstakes” means a procedure, activity, or event, for the distribution, donation, or sale of anything of value by lot, chance, predetermined selection, or random selection that is not unlawful under other provisions of law, including, but not limited to, Chapter 9 (commencing with Section 319) and Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code.

(c)This section does not apply to an advertising plan or program that is regulated by, and complies with, the requirements of Section 17537.1.

(d)Nothing in this section shall be deemed to render lawful any activity that is unlawful pursuant to other law, including, but not limited to, Section 320, 330a, 330b, 330.1, or 337j of the Penal Code.

(e)Nothing in this section shall be deemed to render unlawful or restrict otherwise lawful games, technologies, software, and methods used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.