Article 13 - Local Governments

California Business and Professions Code — §§ 19960-19966

Sections (11)

§ 19960

Added by renumbering Section 19950 by Stats. 2002, Ch. 738, Sec. 110. Effective January 1, 2003.

This chapter shall not prohibit the enactment, amendment, or enforcement of any ordinance by any city, county, or city and county relating to licensed gambling establishments that is not inconsistent with this chapter. No city, county, or city and county shall issue a gambling license with respect to any gambling establishment unless one of the following is true:

(a)The gambling establishment is located in a city, county, or city and county wherein, after January 1, 1984, an ordinance was adopted by the electors of the city, county, or city and county, in an election conducted pursuant to former Section 19819 of the Business and Professions Code, as that section read immediately before its repeal by the act that enacted this chapter.

(b)The gambling establishment is located in a city, county, or city and county wherein, prior to January 1, 1984, there was in effect an ordinance that expressly authorized the operation of one or more cardrooms.

(c)After the effective date of this chapter, a majority of the electors voting thereon affirmatively approve a measure permitting controlled gambling within that city, county, or city and county.

(1)The measure to permit controlled gambling shall appear on the ballot in substantially the following form:“Shall licensed gambling establishments in which any controlled games permitted by law, such as draw poker, low-ball poker, panguine (pan), seven-card stud, or other lawful card games or tile games, are played, be allowed in _____? Yes ____ No ____.”

(2)In addition, the initial implementing ordinances shall be drafted and appear in full on the sample ballot and shall set forth at least all of the following:

(A)The hours of operation.

(B)The games to be played.

(C)The wagering limits.

(D)The maximum number of gambling establishments permitted by the ordinance.

(E)The maximum number of tables permitted in each gambling establishment.

(d)The authorization of subdivision (c) is subject to Sections 19962 and 19963 until those sections are repealed.

§ 19961

Amended by Stats. 2006, Ch. 181, Sec. 1. Effective January 1, 2007.

(a)(1) Except as provided in paragraph (2), on or after the effective date of this chapter, any amendment to any ordinance that would result in an expansion of gambling in the city, county, or city and county, shall not be valid unless the amendment is submitted for approval to the voters of the city, county, or city and county, and is approved by a majority of the electors voting thereon.

(2)Notwithstanding paragraph (1) and Section 19962, an ordinance may be amended without the approval of the electors after the effective date of this chapter to expand gambling by a change that results in an increase of less than 25 percent with respect to any of the matters set forth in paragraphs (1), (2), (3), and (5) of subdivision (b). Thereafter, any additional expansion shall be approved by a majority of the electors voting thereon.

(b)For the purposes of this article, “expansion of gambling” means, when compared to that authorized on January 1, 1996, or under an ordinance adopted pursuant to subdivision (a) of Section 19960, whichever is the lesser number, a change that results in any of the following:

(1)An increase of 25 percent or more in the number of gambling tables in the city, county, or city and county.

(2)An increase of 25 percent or more in the number of licensed card rooms in the city, county, or city and county.

(3)An increase of 25 percent or more in the number of gambling tables that may be operated in a gambling establishment in the city, county, or city and county.

(4)The authorization of any additional form of gambling, other than card games, that may be legally played in this state, to be played at a gambling establishment in the city, county, or city and county.

(5)An increase of 25 percent or more in the hours of operation of a gambling establishment in the city, county, or city and county.

(c)The measure to expand gambling shall appear on the ballot in substantially the following form: “Shall gambling be expanded in ____ beyond that operated or authorized on January 1, 1996, by ____ (describe expansion) Yes ____ No ____.”

(d)The authorization of subdivision (c) is subject to Sections 19962 and 19963 until those sections are repealed.

(e)Increasing the number of games offered in a gambling establishment does not constitute an expansion of gambling pursuant to this section.

(f)No city, county, or city and county shall amend its ordinance in a cumulative manner to increase gambling by more than 25 percent for the factors listed in subdivision (b), when compared to that authorized on January 1, 1996, without conducting an election pursuant to this section.

§ 19961.05

Added by Stats. 2017, Ch. 244, Sec. 1. (SB 654) Effective January 1, 2018.

Notwithstanding Sections 19961 and 19962, a city, county, or city and county may amend its ordinance to increase the operating hours of a gambling establishment to up to 24 hours a day, seven days a week.

§ 19961.06

Amended by Stats. 2013, Ch. 745, Sec. 1. (AB 1039) Effective January 1, 2014.

(a)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, above the number of tables authorized in the ordinance that was in effect on January 1, 2010. A city, county, or city and county may exercise the authority provided by this

subdivision 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.

(b)Notwithstanding Sections 19961 and 19962, and in addition to the authorization granted by subdivision (a), 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, above the number of tables authorized in the ordinance that was in effect on January 1, 2013. A city, county, or city and county may exercise the authority provided by this subdivision 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.

§ 19961.07

Added by Stats. 2023, Ch. 8, Sec. 1. (AB 341) Effective January 1, 2024.

(a)Notwithstanding Sections 19961 and 19962, and except as provided in subdivision (b), 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 as follows:

(1)The ordinance shall apply only to a gambling establishment that operates fewer than 20 gambling tables.

(2)The ordinance shall allow a gambling establishment to increase the number of gambling tables operated at the gambling establishment by up to 2 additional tables within the first year after the ordinance takes effect, and up to 2 additional tables every four years thereafter, not to exceed 10 additional tables above the

number of tables operated at the gambling establishment on January 1, 2023. A gambling establishment shall have all permitted gambling tables in operation and remain current in payment on all taxes and other applicable fees before an increase in gambling tables is allowed pursuant to this subdivision.

(b)(1) The authority provided in subdivision (a) shall be in addition to any authorization under any other law in effect on December 31, 2022, 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.

(2)Subdivision (a) does not apply to a city, county, or city and county that increased the number of gambling tables that may be operated in a gambling establishment, as described in paragraph (2) of subdivision (b) of Section 19962.

(c)A city, county, or city and county’s jurisdictional limit may expand to accommodate the increase of gambling tables pursuant to this section.

§ 19961.1

Amended by Stats. 2007, Ch. 176, Sec. 44. Effective August 24, 2007.

Any amendment to a city or county ordinance relating to gambling establishments, or the Gambling Control Act, shall be submitted to the department for review and comment, before the ordinance is adopted by the city or county.

§ 19962

Added by Stats. 2023, Ch. 8, Sec. 2. (AB 341) Effective January 1, 2024. Repealed as of January 1, 2043, by its own provisions.

(a)The governing body or the electors of a city, county, or city and county that has not authorized legal gambling within its boundaries prior to January 1, 1996, shall not authorize legal gambling.

(b)(1) An ordinance in effect on January 1, 1996, that authorizes legal gambling within a city, county, or city and county shall not be amended to expand gambling in that jurisdiction beyond that permitted on January 1, 1996.

(2)Notwithstanding paragraph (1), an ordinance that was approved by a majority of the voters in a city, county, or city and county in an election that occurred after November 1, 2020, that authorizes an increase in the number of gambling

tables at a gambling establishment, and that became operative on January 1, 2023, as the result of the repeal of former Section 19962, as amended by Chapter 1 of Section 744 of the Statutes of 2018, shall continue to be valid on and after January 1, 2024.

(3)Any amendment to an ordinance or adoption of an ordinance on or after January 1, 2023, by a city, county, or city and county resulting in an expansion of gambling that was not authorized or permitted under this chapter as of December 31, 2022, or that is not authorized or permitted under this section or Section 19961.07 shall be invalid and preempted.

(c)This section shall remain in effect only until January 1, 2043, and as of that date is repealed.

§ 19963

Added by Stats. 2023, Ch. 8, Sec. 3. (AB 341) Effective January 1, 2024. Repealed as of January 1, 2043, by its own provisions.

(a)In addition to any other limitation on the expansion of gambling imposed by Section 19962 or any provision in 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)An application for a gambling license for a gambling establishment that was not licensed to operate on December 31, 2022, that is pending before the commission as of January 1, 2024, shall not be approved by the commission.

(c)A gambling license for a gambling establishment that was not licensed to operate on

December 31, 2022, and that was issued between December 31, 2022, and January 1, 2024, shall be invalid.

(d)This section shall remain in effect only until January 1, 2043, and as of that date is repealed.

§ 19964

Added by renumbering Section 19951 by Stats. 2002, Ch. 738, Sec. 114. Effective January 1, 2003.

No city, county, or city and county may grant, or permit to continue in effect, a license to deal, operate, carry on, conduct, maintain, or expose for play any controlled game to any applicant or holder of a local license unless the applicant or local licensee is an owner licensee as defined in this chapter. However, the issuance of a state gambling license to a person imposes no requirements upon the city, county, or city and county to issue a license to the person.

§ 19965

Added by Stats. 2008, Ch. 647, Sec. 1. Effective January 1, 2009.

Notwithstanding Sections 19961 and 19962, 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 as follows:

(a)If the ordinance in effect on July 1, 2007, provided for five to eight tables, inclusive, the amended ordinance may allow an increase of three tables.

(b)If the ordinance in effect on July 1, 2007, provided for nine to 12 tables, inclusive, the amended ordinance may allow an increase of four tables.

§ 19966

Added by Stats. 2009, Ch. 233, Sec. 21. (AB 293) Effective January 1, 2010.

If a gambling establishment is located in an unincorporated area annexed by a city, notwithstanding Section 19960 or 19962, without a local election other than the election to approve the annexation, the city acquiring jurisdiction may adopt an ordinance permitting and regulating controlled gaming in the existing gambling establishment, providing hours of operation, the games to be played, wagering limits, the maximum number of gambling establishments, and the maximum number of tables permitted in each gambling establishment, the same as those limits in any ordinance or resolutions that formerly applied to the gambling establishment. Where this article refers to an expansion of gaming as compared to that permitted on January 1, 1996, for the purposes of this section, that reference shall be to the ordinance or resolutions that

governed the gambling establishment as of that date.