Cal. Code Regs. tit. 4 § 12132

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 12132 - Article Definitions
(a) Except as otherwise provided in Section 12002, subsection (b) of Section 12100 and in subsection (b) of this section, the definitions in Business and Professions Code section 19805 govern the construction of this article.
(b) As used in this article:
(1) "Applicant" means a new owner or individual in control of an ownership interest of a cardroom business licensee or TPPPS business licensee, who submits an application to the Bureau for an interim owner category license pursuant to Section 12136.
(2) "Interim owner category license" means a license issued by the Commission which permits the interim operation of a cardroom business licensee or TPPPS business licensee following a qualifying event, during which time the Bureau processes and the Commission considers an application for a regular license from a new owner.
(3) "New owner" means an individual who is a trustee (other than a trustee in bankruptcy), beneficiary, successor in interest, or security interest holder who becomes an owner of, or obtains an ownership interest in a cardroom business licensee or TPPPS business licensee as a result of a qualifying event.
(4) "Qualifying event" means an event, such as those specified in Business and Professions Code section 19841, subdivision (s), that results in a change in the ownership for sole proprietors or in the control of the ownership interest for non-natural persons of a cardroom business license or TPPPS business licensee and prevents the cardroom business license or TPPPS business licensee from conducting gambling operations or the provision of third-party proposition player services because the new owner or individual(s) in control does not hold a valid license. A qualifying event does not include any planned or negotiated transaction where a current licensee retains the capacity and authority to continue gambling operations or the provision of third-party proposition player services until approval of the transaction and issuance of any license by the Commission (e.g., a sale, the transfer of shares, incorporation, etc.).
(5) "Regular license" means an initial cardroom owner type license or initial TPPPS owner type license, as appropriate, issued by the Commission pursuant to Section 12112.

Cal. Code Regs. Tit. 4, § 12132

1. New section filed 12-12-2002; operative 12-12-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 50).
2. Change without regulatory effect amending section and NOTE filed 6-26-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 26).
3. Change without regulatory effect amending subsection (a) filed 6-3-2013 pursuant to section 100, title 1, California Code of Regulations; operative 7-1-2013 in accordance with Governor's Reorganization Plan No. 2 of 2012 (Register 2013, No. 23).
4. Relocation and amendment of article 4 heading from preceding section 12130 to precede section 12132, repealer of former section 12132 and renumbering of former section 12349 to new section 12132, including amendment of section heading, section and NOTE, 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.

Note: Authority cited: Sections 19811, 19823, 19824, 19825, 19826, 19840, 19841, 19853, 19870 and 19984, Business and Professions Code. Reference: Sections 19816, 19824, 19841(s), 19850, 19851, 19855, 19857, 19859, 19869, 19870(b) and 19984, Business and Professions Code.

1. New section filed 12-12-2002; operative 12-12-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 50).
2. Change without regulatory effect amending section and Note filed 6-26-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 26).
3. Change without regulatory effect amending subsection (a) filed 6-3-2013 pursuant to section 100, title 1, California Code of Regulations; operative 7-1-2013 in accordance with Governor's Reorganization Plan No. 2 of 2012 (Register 2013, No. 23).
4. Relocation and amendment of article 4 heading from preceding section 12130 to precede section 12132, repealer of former section 12132 and renumbering of former section 12349 to new section 12132, including amendment of section heading, section and Note, 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.