(a) The commission, after considering the recommendation of the chief and any other testimony and written comments as may be presented at the meeting, or as may have been submitted in writing to the commission prior to the meeting, may either deny the application or grant a license to an applicant who it determines to be qualified to hold the license.
(b) When the commission grants an application for a license or approval, the commission may limit or place restrictions thereon as it may deem necessary in the public interest, consistent with the policies described in this chapter.
Terms Used In California Business and Professions Code 19870
- Applicant: means any person who has applied for, or is about to apply 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 Government Code 11004
- 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 Government Code 11004
- Commission: means the California Gambling Control Commission. See California Government Code 11004
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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 Government Code 11004
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(c) When an application is denied, the commission shall prepare and file a detailed statement of its reasons for the denial.
(d) All proceedings at a meeting of the commission relating to a license application shall be recorded stenographically or by audio or video recording.
(e) A decision of the commission denying a license or approval, or imposing any condition or restriction on the grant of a license or approval may be reviewed by petition pursuant to Section 1085 of the Code of Civil Procedure. Section 1094.5 of the Code of Civil Procedure shall not apply to any judicial proceeding described in the foregoing sentence, and the court may grant the petition only if the court finds that the action of the commission was arbitrary and capricious, or that the action exceeded the commission’s jurisdiction.
(Amended by Stats. 2009, Ch. 88, Sec. 9. (AB 176) Effective January 1, 2010.)