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SB-576 Gambling: local moratorium. (2021-2022)

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Date Published: 04/07/2021 10:00 AM
SB576:v97#DOCUMENT

Amended  IN  Senate  April 07, 2021
Amended  IN  Senate  March 11, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 576


Introduced by Senator Archuleta

February 18, 2021


An act to amend Sections 19962 and 19963 of, and to add Section 19961.07 to, the Business and Professions Code, relating to gambling.


LEGISLATIVE COUNSEL'S DIGEST


SB 576, as amended, Archuleta. Gambling: local moratorium.
Existing law, the Gambling Control Act, provides for the licensure and regulation of establishes the California Gambling Control Commission, which is responsible for licensing and regulating various gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. establishments. Existing law requires the Department of Justice to investigate any violations of, and to enforce, the act. Under the act, a city, county, or city and county may authorize controlled gambling consistent with state law. Existing law, however, prohibits an ordinance that would result in an expansion of gambling in the city, county, or city and county from being valid unless the amendment is approved by a majority of the voters. Existing Existing law requires an amendment to a city or county ordinance relating to a gambling establishment or the act to be submitted to the department for review and comment before the ordinance is adopted by the city or county.
Existing law also prohibits, until January 1, 2023, an ordinance in effect on January 1, 1996, that authorizes legal gaming within a city, county, or city and county from being amended to expand gaming in that jurisdiction beyond that permitted on January 1, 1996. Existing law provides contains specified exceptions to those prohibitions that prohibition to authorize a city, county, or city and county to amend its ordinance to expand the number of gambling tables that may be operated in a gambling establishment.
This bill would provide create an additional exception to that prohibition by authorizing a city, county, or city and county, commencing January 1, 2022, to amend its ordinance to increase the number of gambling tables that may be operated in a gambling establishment by up to 2 tables each calendar year, up to a maximum total of 10 additional tables, above the number of tables authorized in the ordinance in effect on January 1, 2022. The bill would authorize a city, county, or city and county’s jurisdictional limit to be expanded to accommodate the increase of gaming tables authorized by the bill. The bill would extend until January 1, 2028, the prohibition against a city, county, or city and county amending an ordinance to expand gaming in that jurisdiction beyond that permitted on January 1, 1996.
Existing law prohibits, until January 1, 2023, the governing body and the electors of a city, county, or city and county that has not authorized legal gaming within its boundaries prior to January 1, 1996, from authorizing legal gaming.
This bill would extend that prohibition until January 1, 2028.
Existing law also prohibits, until January 1, 2023, the commission from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, except as specified.
This bill would also extend that prohibition until January 1, 2028.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 19961.07 is added to the Business and Professions Code, to read:

19961.07.
 (a) Notwithstanding Sections 19961, 19961.05, and 19962, commencing on January 1, 2022, a city, county, or city and county may amend an ordinance to increase the number of gambling tables that may be operated in a gambling establishment by up to two tables each calendar year, up to a maximum total of 10 additional tables, above the number of tables authorized under the ordinance that was in effect on January 1, 2022. A city, county, or city and county’s jurisdictional limit may expand to accommodate the increase of gaming tables pursuant to this section.
(b) The authority provided in subdivision (a) 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.

SEC. 2.

 Section 19962 of the Business and Professions Code is amended to read:

19962.
 (a) The governing body or the electors of a county, city, or city and county that has not authorized legal gaming within its boundaries prior to January 1, 1996, shall not authorize legal gaming.
(b) An ordinance in effect on January 1, 1996, that authorizes legal gaming within a city, county, or city and county shall not be amended to expand gaming in that jurisdiction beyond that permitted on January 1, 1996.
(c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date.

SEC. 3.

 Section 19963 of the Business and Professions Code is amended to read:

19963.
 (a) In addition to any other limitations on the expansion of gambling imposed by Section 19962 or any provision of this chapter, the commission shall not issue 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 department prior to September 1, 2000.
(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date.