California Business and Professions Code 19859 – The commission shall deny a license to any applicant who is …
The commission shall deny a license to any applicant who is disqualified for any of the following reasons:
(a) Failure of the applicant to clearly establish eligibility and qualification in accordance with this chapter.
Terms Used In California Business and Professions Code 19859
- Applicant: means a person who has applied for a state gambling license, a key employee license, a registration, a finding of suitability, a work permit, a manufacturer's or distributor's license, or an approval of any act or transaction for which the approval or authorization of the commission or department is required or permitted under this chapter. See California Business and Professions Code 19805
- Chief: means the head of the entity within the department that is responsible for fulfilling the obligations imposed upon the department by this chapter. See California Business and Professions Code 19805
- Commission: means the California Gambling Control Commission. See California Business and Professions Code 19805
- Conviction: A judgement of guilt against a criminal defendant.
- Gambling: means to deal, operate, carry on, conduct, maintain, or expose for play a controlled game. See California Business and Professions Code 19805
- License: means a gambling license, key employee license, or any other license issued by the commission pursuant to this chapter or regulations adopted pursuant to this chapter. See California Business and Professions Code 19805
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
(b) Failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the chief, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria.
(c) (1) Except as provided in paragraph (2), conviction of a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in California.
(2) A conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny a license pursuant to this section.
(d) Conviction of the applicant for any misdemeanor 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; provided, however, that 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 commission under Section 19856 or affect the applicant’s burden under Section 19857.
(e) Association of the applicant with criminal profiteering activity or organized crime, as defined by § 186.2 of the Penal Code.
(f) Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; official corruption related to gambling activities; or criminal profiteering activity or organized crime, as defined by § 186.2 of the Penal Code.
(g) The applicant is less than 21 years of age, except as provided by this chapter.
(Amended by Stats. 2019, Ch. 432, Sec. 1. (AB 649) Effective January 1, 2020.)