Cal. Code Regs. Tit. 4, § 12395 - Security
(a)
The policies and procedures for all Tiers must meet or exceed the following
standards for security:
(1) Access to
non-public areas of the gambling establishment that have access to the gambling
establishment's currency or unsecured gambling equipment, including but not
limited to cages, count rooms, vaults, and security offices, must be limited to
authorized cardroom category licensees, holders of a local work permit, or
employees of a registered manufacturer or distributor only in the performance
of their duties, or other person(s) if escorted and observed at all times by an
authorized cardroom category licensee or holder of a local work permit in
person or observed through a continuous live surveillance system. For purposes
of this paragraph, "unsecured gambling equipment" means any gambling equipment
in a non-public area that is not stored in a locked receptacle, drawer, or
compartment which is under continuous recorded video surveillance, and does not
include any gambling equipment that is not subject to tampering or related to
game outcomes, such as gaming tables, table felts, chip trays, and lammers.
This paragraph does not limit a proposition player contract's inclusion of a
provision consistent with paragraph (13) of subsection (b) of Section
12270.
(2) Access to any room used for the media
storage for the surveillance system, pursuant to Section
12396, must be limited to
authorized cardroom category licensees and holders of a local work permit only
in the performance of their duties, or other person(s) either if escorted and
observed at all times by an authorized cardroom category licensee or holder of
a local work permit in person, or observed or reviewed by a cardroom category
licensee or holder of a local work permit using a continuous surveillance
system. This paragraph does not limit a proposition player contract's inclusion
of a provision consistent with paragraph (13) of subsection (b) of Section
12270.
(3) For the purpose of video surveillance
recordings, gambling establishments must provide adequate lighting of all
public areas, entrances and exits, and for all adjoining parking areas owned,
operated or otherwise controlled by the cardroom business licensee for use by
its patrons.
(4) Cardroom business
licensees must submit an "Incident Report Form," CGCC-CH7-08 (New 08/22), which
is attached in Appendix A to this Chapter, within five business days of the
following incidents:
(A) When the cardroom
business licensee obtains evidence that a reasonably suspected violation of any
of the following occurred:
1. The Act, this
division, Division 3 of Title 11 of the California Code of Regulations, any
statute set forth in sections
330 through
337z of the
Penal Code, or any misdemeanor violation of an ordinance of the applicable
city, county, or city and county that pertains to gambling;
2. Section
1916-
3(b)
of the Civil Code (loan-sharking);
3. Section
11012
of the Health and Safety Code (distributing a controlled substance, as defined
in Section
11007
of the Health and Safety Code); or
4. Penal Code sections
148.10
(resisting a peace officer resulting in death or serious bodily injury to peace
officer), 186.10 (money laundering), 211 (robbery), 220 (assault with intent to
commit mayhem, rape, sodomy, oral copulation or other specified offense), 236.1
(human trafficking), 243.4 (sexual battery), 245 (assault with deadly weapon or
force likely to produce great bodily injury), 261 (rape), 266h (pimping and
pimping a minor), 266i (pandering and pandering of a minor), 286 (criminal
sodomy), 287 (criminal oral copulation), 288 (lewd and lascivious acts on a
child), 289 (forcible acts of sexual penetration), 347 (poisoning food or
drink), 422 (criminal threats), 470 (forgery: signatures or seals), 470b
(display or possession of forged driver's license or identification card), 476
(forgery: fictitious or altered bills, notes or checks), 518 (extortion), 641.3
(commercial bribery), 647(b) (prostitution), or 653.23 (supervising or
otherwise aiding a prostitute).
(B) Any incident involving:
1. A theft valued at an amount consistent
with the dollar amount provided in subdivision (a) of Penal Code section
487, or any
dollar amount if the theft is reasonably suspected to have been committed by a
cardroom category licensee, local work permittee, or TPPPS category
licensee;
2. The death of a
person;
3. The on-site presence of
law enforcement in response to a physical injury of a person;
4. The theft of $500 or more in chips, or any
dollar amount if the theft is reasonably suspected to have been committed by a
cardroom category licensee, local work permittee, or TPPPS category
licensee;
5. The discovery of $500
or more in counterfeit currency and/or chips in a 24-hour period, or any dollar
amount if the counterfeiting is reasonably suspected to have been committed by
a cardroom category licensee, local work permittee, or TPPPS category
licensee;
6. The discovery of $500
or more in counterfeit currency and/or chips cumulatively linked to a specific
individual or group of individuals over a two-week period; or
7. The immediate evacuation of the gambling
establishment for a reason such as a false bomb threat (Penal Code Section
148.1).
(C) Any incident
involving:
1. The forfeiture pursuant to
subparagraph (C) of paragraph (4) of subsection (a) of Section
12463 or paragraph (5) of
subsection (a) of Section
12464, of any unredeemed jackpots
or prizes;
2. The arrest of any
associated cardroom endorsee licensee, cardroom employee type licensee, or
holder of a local work permit; or
3. The approval with conditions, denial,
suspension, or revocation of a license, permit, or authorization to work in a
gambling establishment by any city, county, or city and county regarding any
associated cardroom endorsee licensee, cardroom employee type licensee, or
holder of a local work permit. An incident report does not need to be filed for
a denial unless that denial is for a reason that is substantially similar to
either subdivision (a) or (b) of Business and Professions Code section
19857
or any subdivision of Business and Professions Code section
19859.
(D) For subparagraphs (A) and (B), the
cardroom business licensee need only submit an "Incident Report Form,"
CGCC-CH7-08, if the suspected violation or incident occurred within the
gambling establishment or in any adjacent space owned, managed, controlled,
rented, or utilized by the cardroom business licensee for or in connection with
the gambling operation. This includes, but is not limited to, parking lots,
restrooms, restaurants, and hotels. The cardroom business licensee is not
required to submit an incident report for an incident that occurs in a part of
the gambling establishment or adjacent space owned, managed, or rented by the
cardroom business licensee if that space is solely utilized by the TPPPS
business licensee under the terms of the TPPPS contract.
(5) Cardroom business licensees must maintain
a list of all mechanical keys or electronic card keys to the locking devices
used to secure the gambling establishment, restricted areas of the gambling
establishment, or any fixtures, appurtenances and equipment used in the
gambling operation, the names of all cardroom employee type licensees who have
been issued, possess or have access to any of those keys, and the location
where un-issued keys are stored. If any coded mechanical or electronic locking
devices are used, the list must include all access codes and combinations, as
applicable, and the names of all cardroom employee type licensees who possess
any code or combination, or who control the mechanism to open any of the locks.
The cardroom business licensee may maintain a master list or separate
departmental lists. Each list must be:
(A)
Continuously maintained while current, at a minimum, in a permanent, written
form and dated as of the date created or updated;
(B) Updated as changes in the information
contained in the list changes;
(C)
Kept in a secure, locked receptacle, such as a key control box, safe, locking
file drawer or similar container; and
(D) Retained for a minimum of one year after
the list has been updated.
(b) In addition to the requirements of
subsection (a), the policies and procedures for Tiers III through and including
V must meet or exceed the following standards for security:
(1) Except as otherwise provided, cardroom
business licensees must install and maintain a minimum of at least one secure
key control box for the storage and safeguarding of all un-issued
gambling-related keys and access code cards associated with the gambling
establishment; e.g., keys to the gambling establishment, cage, count room or
other restricted areas of the gambling establishment, and any fixtures,
appurtenances and equipment used in the gambling operation, including but not
limited to gambling tables and drop boxes. This paragraph does not apply to an
individual cardroom business licensee, who does not employ, except in
unforeseeable exigencies, more than one person or any person except members of
his or her immediate family. For the purposes of this paragraph, "immediate
family member" means spouse, child, stepchild, brother, stepbrother, sister,
stepsister, mother, stepmother, father, or stepfather.
(2) All key control boxes must meet or exceed
the following requirements:
(A) The key
control box must have a minimum of one keyed locking mechanism. A coded key
lock or a mechanical or electronic combination lock is acceptable.
(B) The key control box must be securely
attached to a permanent structure within the gambling establishment. The
hardware used to attach the box must not be visible or accessible
externally.
(C) All keys, stored
within a key control box must be easily identifiable and individually
labeled.
(D) Access to a key
control box must be limited to the cardroom category licensees designated by
the cardroom business licensee.
(3) Cardroom business licensees must maintain
a key control log for each key control box maintained pursuant to paragraph
(1). The key control log must document the issuance and return of all
gambling-related keys used to control access by cardroom employee type
licensees to restricted areas of the gambling establishment, or any fixtures,
appurtenances and equipment, associated with the department or
operation.
(4) During any period of
time, between one-half hour before or after sunset and one-half hour before or
after sunrise, in which the gambling establishment is open for business or
patrons are present on the premises, cardroom business licensees must have at
least one uniformed security officer on duty, who must periodically patrol the
exterior of the gambling establishment, including all adjoining and adjacent
parking areas owned, operated or otherwise controlled by the cardroom business
licensee for use by its patrons. Any security officer, whether an employee,
agent or contractor of the cardroom business licensee, who is a gambling
enterprise employee as defined in subdivision (m) of section
19805
of the Business and Professions Code, will be required to hold a work permit
pursuant to paragraph (1) of subdivision (a) of section
19912
of the Business and Professions Code, and Chapter 2 of this division. Any
contract security officer whose scope of employment is limited to performance
of his or her duties exclusively outside the cardroom business licensee's
gambling establishment will not be required to hold a Commission work
permit.
(c) In addition
to the requirements of subsections (a) and (b), the policies and procedures for
Tiers IV and V must meet or exceed the following standards for security:
(1) Cardroom business licensees must install
and maintain a backup generator that is sufficient, during power outages, to
provide for the operation of lighting systems, information systems, and
surveillance and recording systems for a time necessary to protect the safety
and security of patrons and employees, patrons' property, and the cardroom
business licensee's assets and property while gambling operations are
terminated and patrons exit the premises.
(2) Any gambling establishment that elects to
continue gambling operations during a power outage must install and maintain a
backup generator that is sufficient to provide for the full and continued
operation of all lighting systems, all information systems, and all
surveillance and recording systems.
(d) In addition to the requirements of
subsections (a), (b) and (c), the policies and procedures for Tier IV must
include standards for security that require at least two uniformed security
officers, as specified in paragraph (4) of subsection (b), to be on duty during
all hours of operation, one of which must periodically patrol the exterior of
the gambling establishment, including all adjoining and adjacent parking areas
owned, operated or otherwise controlled by the cardroom business licensee for
use by its patrons.
(e) In addition
to the requirements of subsections (a), (b), (c) and (d), the policies and
procedures for Tier V must include standards for security that require at least
two uniformed security officers, as specified in paragraph (4) of subsection
(b), to be on duty during all hours of operation, one of which must
continuously patrol the exterior of the gambling establishment, including all
adjoining and adjacent parking areas owned, operated or otherwise controlled by
the cardroom business licensee for use by its patrons.
Notes
2. Amendment filed 12-12-2020; operative 1-1-2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
3. Amendment of section and NOTE filed 7-6-2023; operative 10-1-2023 (Register 2023, No. 27).
Note: Authority cited: Sections 19801(g), 19826(b), 19840, 19841, 19857 and 19924, Business and Professions Code. Reference: Sections 19841, 19857, 19922 and 19924, Business and Professions Code.
2. Amendment filed 12-12-2020; operative
3. Amendment of section and Note filed 7-6-2023; operative
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