Section 12140 - ConditionsAll of the following conditions apply to an interim owner category license granted by the Commission:
(a) Upon issuance or denial of a regular license, any related interim owner category license will become invalid.(b) The term of an interim owner category license will be determined by the Commission and will be based in part on the time necessary to process and consider the application for a regular license, but in no event will the term be longer than two years. The Commission may issue a renewal interim owner category license if the application process has not been, or will not be, concluded by the expiration date of the interim owner category license.(c) Issuance of an interim owner category license does not prejudice or obligate the Commission to grant a regular license. Issuance of a regular owner category license is subject to the results of a complete background investigation by the Bureau, the conduct of the applicant during the term of the interim owner category license, and final approval of the Commission pursuant to Sections 12112 and 12040.(d) Issuance of an interim owner category license does not create a vested right in the holder to either an extension of the interim owner category license or the issuance of a regular license.(e) Issuance of an interim owner category license does not change the qualification, or disqualification, requirements for a regular license under the Act or this division.(f) The holder of the interim owner category license must maintain a key employee licensee or TPPPS supervisor licensee who will control and oversee gambling operations or the provision of third-party proposition player services at all times. The holder of an interim owner category license must provide the Bureau with the name of any new key employee licensee or TPPPS supervisor licensee appointed pursuant to paragraph (2) of subsection (a) of Section 12136 within 30 calendar-days following the appointment of that key employee licensee or TPPPS supervisor licensee. Within 30 calendar-days of its occurrence, the holder of an interim owner category license must-provide the Bureau with the name of any person who provides any service or property to the cardroom business licensee-or TPPPS business licensee under any arrangement whereby the person receives payment based on the earnings, profits or receipts of the cardroom business licensee or TPPPS business licensee.(g) The holder of an interim owner category license must pay all applicable annual fees associated with the license.(h) The holder of an interim owner category license must comply with the provisions of the Act, this division and Title 11, Division 3, of the California Code of Regulations.(i) During the term of an interim owner category license, any proceeds derived from the operation of the gambling enterprise that would otherwise be payable to a new owner must be held in an escrow account and not disbursed until the disposition of ownership interest has been resolved and received Commission approval and all owner category licensees have been approved by the Commission for a regular license pursuant to Section 12112. This paragraph does not prevent the payment of any taxes, operating expenses, preexisting obligations, preexisting dependent support or any other distribution of proceeds that is approved by the Commission.(j) The Commission, in its sole discretion and on an individual case-by-case basis, may impose any additional conditions necessary to address particular factual situations related to a request for an interim owner category license.Cal. Code Regs. Tit. 4, § 12140
1. New article 5 (sections 12140-12142) and 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 redesignating former subsections (a)(3)(i)-(iv) as subsections (a)(3)(A)-(D) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
4. Change without regulatory effect amending section and NOTE 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).
5. Relocation and amendment of article 5 heading from preceding section 12140 to precede section 12134, repealer of former section 12142 and renumbering of former section 12347 to new section 12142, including amendment of section heading and section, 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 article 5 (sections 12140-12142) and 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 redesignating former subsections (a)(3)(i)-(iv) as subsections (a)(3)(A)-(D) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
4. Change without regulatory effect amending section and Note 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).
5. Relocation and amendment of article 5 heading from preceding section 12140 to precede section 12134, repealer of former section 12142 and renumbering of former section 12347 to new section 12142, including amendment of section heading and section, 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.