This bill would provide that no reimbursement is required by this act for a specified reason. If the violation is not timely cured, the department shall investigate the violation further and may take enforcement actions. At its meeting on 19 July , the DSB referred the matter to the original panel, if possible. All rights to notice and hearing shall be governed by the rules of the tribal gaming regulatory authority, which shall meet minimum requirements to be developed among the tribes, the commission, and the department, and as to which the applicant shall be notified in writing, along with notice of an intent to suspend or revoke the permit. By the late 90s, new sites were being launched on an almost daily basis.
Casino Gambling: USA
Those service providers that do not pass the partial investigation may appeal the decision to the commission. The report shall include information necessary for the department to make a determination of suitability, as specified in regulations adopted pursuant to this chapter, consisting of, but not limited to, personal history, prior activities and associations, credit history, civil litigation, any indictments, past and present financial affairs and standing, and business activities, including whether the applicant or an affiliate of the applicant has a financial interest in any business or organization that is or was engaged in any form of gaming or transactions related to gaming prohibited by the law of the federal or state jurisdiction in which those activities took place.
The department shall consult with officials of the United States Department of Justice, other states, and international jurisdiction where the applicant has sought to be or has been licensed. The department may specify additional requirements regarding the contents of the report and other information or documentation required to be submitted.
A A member of the board of directors of, the chief executive officer of, or a shareholder holding more than 10 percent of the shares of the applicant, or its corporate affiliate, has held a similar or equivalent position with an organization that knowingly and willfully accepted a bet, or engaged in a financial transaction related to that bet, after December 31, , from a person located in the United States on any form of Internet gambling, including, but not limited to, poker, that was not affirmatively authorized by the law of the United States, or of the state in which the bet or related financial transaction was initiated, or that was otherwise legal.
B A member of the board of directors of, the chief executive officer of, or a shareholder holding more than 10 percent of the shares of the applicant, or its corporate affiliate, has held a similar or equivalent position with an organization that knowingly facilitated or otherwise provided services with respect to bets, or engaged in a financial transaction related to those bets, after December 31, , involving persons located in the United States, and acted with knowledge of the fact that those bets or financial transactions were not affirmatively authorized by the law of the United States, or of the state in which the bet or related financial transaction was initiated, or that was otherwise legal.
C The acceptance of the bet or wager, the engagement in the transaction, or the facilitation of the wager or financial transaction occurred within a reasonable time period in order to cease those activities in the United States. D The person described in subparagraph B of paragraph 1 is no longer affiliated with the applicant. A The bet or wager was accepted between December 31, , and December 31, , from a person located in the United States. B The applicant did not have a license or authority pursuant to comparable federal or state law in a jurisdiction where the bet or wager was made or the facilitation of the wager or financial transaction occurred.
The department shall review the suitability of an applicant for a marketing affiliate license. An applicant for a marketing affiliate license shall pay an application processing fee sufficient to cover the reasonable costs associated with the issuance of the license. Before issuing a marketing affiliate license to an applicant, the department shall conduct the investigation required by this section of all of the following persons: The commission or department may specify additional information or documentation required to be submitted.
However, the granting of relief pursuant to Section A licensed operator shall offer only authorized Internet poker games and process bets in accordance with the specified game and betting rules established by the licensed operator and approved by the department pursuant to Section Any increase to the funds available to a player during a hand shall not take effect until the following hand. Both the accounts of the licensed operator and its segregated registered player accounts shall be held in financial institutions located in the state.
Prior to completing the registration process, a licensed operator shall explain in a conspicuous fashion to the person who is registering the privacy policies of the authorized poker Web site, and the person shall assent to the following policies: A licensed operator may suspend or revoke the account of a registered player for any of the following reasons: Upon registration, and each time a registered player logs into an authorized poker Web site, the licensed operator shall permit a registered player to adjust his or her play settings to: A licensed operator shall offer customer support that shall be available to registered players 24 hours per day, days per year.
The licensed operator shall make the information available to the registered player at reasonable times and at a place designated by the licensed operator. A licensed operator shall provide a registered player a reasonable opportunity to correct any error in the information. A licensed operator shall establish a book of accounts and regularly audit all of its financial records and reports, which shall, at a minimum, include all of the following: A state agency may request specific printed hard copies of records for good cause.
The commission shall identify which state agencies require online access. A licensed operator shall do all of the following: Software shall meet, at a minimum, international industry standards as verified by an independent gaming test laboratory that is licensed or registered in any United States jurisdiction to test, approve, and certify the software.
A licensed operator may do any of the following: There are three categories of application fees, regulatory fees, and license deposits, as follows: In order to cover the costs of suitability investigations and other costs of processing an application for a license or work permit, the applicant shall deposit the applicable application processing fee as provided in subdivision a of Section Any balance of the application processing fee that remains after completion of the determination of suitability shall be refunded to the applicant.
If additional moneys are needed to complete the determination of suitability of the license applicant, the applicant shall pay the funds necessary to complete the determination of suitability. Prior to offering any games for play or accepting any bets on its authorized poker Web site, a licensed operator shall pay the one-time license deposit as provided in subdivision a of Section Following issuance of a license and beginning of operations thereunder, the licensed operator shall pay the ongoing regulatory fees set forth in subdivision c of Section Upon depletion of the credit amount, the commission shall notify the licensed operator to commence with the annual payments to the state in accordance with subdivision b.
If the violation is not timely cured, the department shall investigate the violation further and may take enforcement actions.
If the commission becomes aware of any violation of this chapter, the commission shall notify the department of the violation immediately so that the department may take appropriate action pursuant to this chapter. During this time period, a licensee shall not be subject to prosecution for the criminal penalty described in Section However, a tribal licensee shall not have its license suspended or revoked, or be fined or otherwise penalized, for complying with any applicable federal law or regulation when operating an authorized poker Web site on Indian lands.
To the extent that any state requirement is more stringent than any applicable federal requirement, the tribal licensee shall comply with the more stringent state requirement, unless the federal requirement preempts state law. The superior court shall hear any appeal de novo. If an acquiring person is found to be unsuitable to be a licensee, or otherwise not financially, technically, or legally qualified to be a licensee, the licensed operator or the acquiring person may challenge that determination.
All facilities, software, including downloadable programs, and any other property, both tangible and intangible, used by the licensed operator in offering authorized Internet poker games for play on an authorized poker Web site shall be the property of the licensed operator or its licensed service providers, and shall be subject to the review of the department and the approval of the commission.
If any dispute arises between the state and a licensee, either the commission or a licensee may file an action in the superior court of any county in which the commission has an office for an interpretation of the rights and responsibilities of the state and the licensee pursuant to this chapter. The permit shall be renewed every two years. A tribal gaming regulatory authority may impose additional qualifications with respect to activities on Indian lands.
If the tribe does not elect to participate in the tribal gaming regulatory authority process as provided in this section, then the process specified in this section regarding submission and action by the tribal gaming regulatory authority on the application for employee work permit shall not apply, and the other provisions of this chapter shall instead govern. The application shall be accompanied by the fees required in Section The tribal gaming regulatory authority shall not issue a permit unless, based on all information and documents submitted, the tribal gaming regulatory authority determines that the applicant meets all of the criteria set forth in this chapter for the issuance of the employee work permit.
An applicant for a tribal employee work permit shall provide releases to make background information regarding the applicant available to the tribal gaming regulatory authority, the department, and the commission. This section does not create a property or other right of an applicant in an opportunity to be permitted, or in a permit itself, both of which shall be considered privileges granted to the applicant in the sole discretion of the tribal gaming regulatory authority.
The tribal gaming regulatory authority shall not issue an employee work permit until the process required by paragraph 7 is complete. The commission may charge an additional application processing fee pursuant to Section The permit shall be effective pursuant to this chapter as though issued by the commission. Prior to denying an application for a determination of suitability, the commission shall notify the tribal gaming regulatory authority and afford the tribe an opportunity to be heard.
If the commission denies an application for a determination of suitability, the commission shall provide the applicant with written notice of all appeal rights available under state law. However, the tribal gaming regulatory authority may, in its discretion, reissue a permit to the person following entry of a final judgment reversing the determination of the commission and department in a proceeding in state court conducted pursuant to Section of the Code of Civil Procedure.
Pending consideration of revocation, the tribal gaming regulatory authority may suspend a permit. All rights to notice and hearing shall be governed by the rules of the tribal gaming regulatory authority, which shall meet minimum requirements to be developed among the tribes, the commission, and the department, and as to which the applicant shall be notified in writing, along with notice of an intent to suspend or revoke the permit.
An applicant for an employee work permit is disqualified if the applicant is described by any of the following: This section does not require that an officer, director, employee, or member of the tribe that owns the tribal enterprise be subject to suitability review if that individual is not also an officer, director, employee, or member of the tribal enterprise or a person who controls the core functions of the tribal enterprise. The commission, the department, and, if applicable, the tribal gaming regulatory authority, shall establish application processing fees to be paid by a licensee for the reasonable cost of determinations of suitability for, and issuance of, employee work permit applications.
The commission shall establish processes for the revocation or suspension of an employee work permit, and to withdraw an application for an employee work permit. A licensed operator or service provider licensee shall not enter into, without prior approval of the commission, a contract or agreement with either of the following: Upon notifying the licensee of the denial or revocation, the employee shall have no further involvement in the gambling operation.
Upon notifying the licensee of the suspension, the employee shall not be permitted to have any involvement in the gambling operation during the period of suspension. In any action brought by the commission to terminate a contract or agreement pursuant to subdivision d or this subdivision, it is not a defense that the contract or agreement does not expressly include the provision described in this subdivision, and the lack of express inclusion of the provision in the contract or agreement is not a basis for enforcement of the contract or agreement by a party to the contract or agreement.
A licensed operator shall use its best efforts to protect registered players. Subject to the approval of the department, and consistent with uniform standards established by the department by regulation, each licensed operator shall establish administrative procedures to resolve registered player complaints.
The Treasurer shall transfer all amounts received pursuant to subdivision a of Section Notwithstanding Section of the Government Code, all moneys in the fund are continuously appropriated to the department and the commission, without regard to fiscal years, in the amounts necessary for the department and the commission to perform their duties under this chapter.
The Unlawful Gambling Enforcement Fund shall be funded by depositing: The civil penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, a county counsel authorized by agreement with the district attorney in an action involving the violation of a county ordinance, the city attorney of a city having a population in excess of , persons, the city attorney of a city and county, or, with the consent of the district attorney, the city prosecutor in a city with a full-time city prosecutor, in a court of competent jurisdiction.
A city, county, or city and county shall not regulate, tax, or enter into a contract with respect to any matter related to this chapter. This section does not prohibit or limit the investigation and prosecution of any violation of this chapter.
The report shall be submitted in compliance with Section of the Government Code. If any provision of this chapter, other than those listed in subdivision b , or its application, is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
B Prohibiting persons or entities who have been convicted in a court of competent jurisdiction of a felony consisting of either having accepted a bet over the Internet in violation of United States or California law, or having aided or abetted that unlawful activity, from being licensed under this chapter.
This chapter shall remain in effect only until January 1, , and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, , deletes or extends that date. An act to add Section AB , as amended, Gray. The Department of Justice has related investigatory and enforcement duties under the act. Any violation of these provisions is punishable as a misdemeanor, as specified.
Existing law, the Horse Racing Law, generally regulates horse racing and vests the administration and enforcement of its provisions in the California Horse Racing Board. This bill, which would be known as the Internet Poker Consumer Protection Act of , would establish a framework to authorize intrastate Internet poker, as specified. The bill would authorize eligible entities to apply for a 7-year license to operate an authorized poker Web site offering the play of authorized Internet poker games to registered players within California, as specified.
The bill would require that the license be automatically renewed every 7 years upon application, as specified. The bill would prohibit the offer or play of any gambling game provided over the Internet that is not an authorized Internet poker game permitted by the state pursuant to these provisions. The bill would provide that it is unlawful for a person to aggregate computers or any other Internet access device in a place of public accommodation within the state, including a club or other association, or a public or other setting, that can accommodate multiple players to simultaneously play an authorized Internet poker game, or to promote, facilitate, or market that activity.
The bill would provide that any violation of the Internet Poker Consumer Protection Act of is punishable as a felony. By creating new crimes, the bill would impose a state-mandated local program. The bill would require an entity seeking to act as a service provider to apply to the commission for a service provider license, and would require a person seeking to act as a marketing affiliate to apply to the commission for a marketing affiliate license or registration before providing the services of a marketing affiliate to a licensed operator in connection with the operation of an authorized pok er Web site.
The bill would require these applicants to pay an application processing fee, for deposit into the Internet Poker Fund, sufficient to cover the reasonable costs associated with the issuance of a license or registration. The bill would require employees of a licensed operator or operator, a licensed service provider provider, or licensed or registered marketing affiliate to obtain employee work permits, and owners, officers, and directors of a licensed operator to be subject to a suitability review and obtain employee work permits.
The bill would prohibit the commission from granting an applicant a service provider license until January 1, , if the applicant accepted a bet or wager of any form on Internet gambling, as specified, between December 31, , and December 31, , from a person located in the United States and without a license or authority pursuant to comparable federal or state law in the jurisdiction where the bet or wager was made or the facilitation of the wager or financial transaction occurred.
The bill would prohibit an applicant for a service provider license that is found unsuitable as a covered person, as defined, from being eligible to be found suitable for a service provider license until January 1, , and would prohibit, during this waiting period, the applicant or any other person from using any covered asset, as defined, in this state. The bill would establish a tribal gaming regulatory authority process for the purpose of processing tribal employee work permits, and authorize a tribe that is a licensed operator to elect to participate in the tribal gaming regulatory authority process.
On 21 March , Antigua and Barbuda requested consultations with the US regarding measures applied by central, regional and local authorities in the US which affect the cross-border supply of gambling and betting services. Antigua and Barbuda considered that the cumulative impact of the US measures is to prevent the supply of gambling and betting services from another WTO Member to the United States on a cross-border basis. On 12 June , Antigua and Barbuda requested the establishment of a panel.
At its meeting on 24 June , the DSB deferred the establishment of a panel. On 23 July , Japan reserved its third-party rights. On 25 August , the Director-General composed the panel. The Panel hoped to complete its work by the end of April In the context of the negotiations for a mutually agreed solution to the present dispute, the parties requested the Panel to suspend the panel proceedings, in accordance with Article On 25 June , the Panel agreed to this request.
The parties subsequently requested a continuation of the suspension until 4 October , and the Panel agreed to the request on 18 August The parties requested a continuation of the suspension until 16 November , and the Panel agreed to the request on 8 October On 5 November Antigua requested the resumption of the panel proceedings to the Panel and the United States did not object to this request.
The Panel has therefore agreed to resume the panel proceedings as from 8 November On 10 November , the report of the Panel was circulated to Members.
The Panel found that:. On 7 January , United States notified its intention to appeal certain issues of law and legal interpretations developed by the Panel. On 19 January , Antigua and Barbuda notified its intention to appeal certain issues of law and legal interpretations developed by the Panel. On 8 March , the Chairman of the Appellate Body informed the DSB that the Appellate Body would not be able to circulate its Report within the day period due to the time required for completion and translation of the Report, and that it estimated it would be circulated to WTO Members no later than 7 April On 7 April , the report of the Appellate Body was circulated.
As the Antigua and Barbuda and the United States had failed to agree on a reasonable time of period for implementation in accordance with Article On 19 August , the Arbitrator circulated his Award to the Members, determining that the reasonable period of time for implementation was 11 months and 2 weeks from 20 April , expiring on 3 April