Statutes, codes, and regulations
California Code Of Regulations
Title 4 - Business RegulationsDivision 18 - California Gambling Control CommissionChapter 7 - Conditions of Operation for Gambling Establishments
Article 2 - Emergency Preparedness, Security and Surveillance Plans
Section 12370 - Emergency Planning and Preparedness - Fire Safety and Evacuation Plan

Cal. Code Regs. tit. 4 § 12370

Download
PDF
Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 12370 - Emergency Planning and Preparedness - Fire Safety and Evacuation Plan
(a) As required by California Code of Regulations Title 24, Part 9, Chapter 4 (commencing with Section 401), and Title 19, Section 3.09, a gambling enterprise must prepare and maintain a fire safety and evacuation plan, conduct emergency evacuation drills and conduct employee training on the content of their fire safety and evacuation plan. Fire safety and evacuation plans, emergency evacuation drills and employee training procedures adopted pursuant to this section must comply with, as applicable, California Code of Regulations Title 24, Part 9, Chapter 4 (commencing with Section 401) and Title 19, Section 3.09, or those standards adopted by local ordinance pursuant to Health and Safety Code section 13143.5.
(b) Each applicant for a cardroom business license under Chapter 2 of this Division must submit to the Bureau one copy of a current fire safety and evacuation plan, pursuant to this section, together with those application documents required by Section 12112.
(c) Each cardroom business licensee must submit one copy of its current fire safety and evacuation plan, pursuant to this section, with the first biennial license renewal application submitted after the effective date of this section, and with every second renewal application submitted thereafter.
(d) If a cardroom business licensee's fire safety and evacuation plan is revised as a result of the addition of permanent tables, or as a result of any change to the physical premises which alters the locations of phones, fire extinguishers, manual fire alarm pull stations or exits, or which alters evacuation routes or procedures, the cardroom business licensee must submit one copy of its revised fire safety and evacuation plan with the first biennial license renewal application submitted immediately following any revision, and, subsection (c) notwithstanding, with every second renewal application submitted thereafter.
(e) Each fire safety and evacuation plan submitted to the Bureau pursuant to this Section must include the following documentation, as applicable:
(1) If the responsible local authority provides reviews, the cardroom business licensee must send to the Bureau documentation showing that the local authority approved the fire safety and evacuation plan, pursuant to Health and Safety Code section 13143.5 and California Code of Regulations Title 24, Part 9, Chapter 1, Section 111.2.1.1. Health and Safety Code section 13143.5, subdivision (f), paragraph (2), provides that any fee charged pursuant to the enforcement authority of subdivision (f) may not exceed the estimated reasonable cost of providing the service for which the fee is charged.
(2) If the responsible local authority does not provide reviews, the cardroom business licensee must send the fire safety and evacuation plan to the State Fire Marshal, and must send to the Bureau documentation showing that the State Fire Marshal has approved the fire safety and evacuation plan.
(f) Failure by a cardroom business licensee to develop and implement a fire safety and evacuation plan, conduct emergency evacuation drills or conduct employee training on the content of its fire safety and evacuation plan pursuant to this section, constitutes an unsuitable method of operation and also may result in denial of an application for license renewal, pursuant to Section 12144, or in the suspension or revocation of its existing license, pursuant to Chapter 10 of this division.
(g) In addition to any other remedy under the Act or this division, the Commission may assess a civil penalty of at least $500 but not more than $5000 for each violation of this section.

Cal. Code Regs. Tit. 4, § 12370

1. New chapter 5 (section 12370) and new section filed 6-16-2003 as an emergency; operative 6-16-2003 (Register 2003, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-14-2003 or emergency language will be repealed by operation of law on the following day.
2. New chapter 5 (sections 12370-12371) and new section with amendments refiled 10-14-2003 as an emergency; operative 10-14-2003 (Register 2003, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-11-2004 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of HISTORY 2 (Register 2004, No. 6).
4. New chapter 5 (sections 12370-12371) and new section refiled 2-5-2004 as an emergency; operative 2-5-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-4-2004 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of HISTORIES 2 and 4 (Register 2004, No. 23).
6. New chapter 5 (sections 12370-12371) and new section refiled 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-1-2004 order, including repealer of chapter 5 heading, new article 2 heading and amendment of section heading, section and NOTE, transmitted to OAL 9-28-2004 and filed 11-8-2004 (Register 2004, No. 46).
8. Change without regulatory effect amending subsections (b), (c), (d)(1)-(2) and (f) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
9. Amendment of article heading, section heading and section filed 4-6-2010; operative 5-6-2010 (Register 2010, No. 15).
10. Change without regulatory effect amending subsections (b) and (e)-(e)(2) 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).
11. Amendment of section heading and subsection (a) filed 8-21-2020 as an emergency; operative 8-17-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 34). A Certificate of Compliance must be transmitted to OAL by 6-18-2021 or emergency language will be repealed by operation of law on the following day.
12. 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.

Note: Authority cited: Sections 19811, 19824 and 19840, Business and Professions Code. Reference: Sections 19801, 19823, 19841, 19860, 19920 and 19924, Business and Professions Code.

1. New chapter 5 (section 12370) and new section filed 6-16-2003 as an emergency; operative 6-16-2003 (Register 2003, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-14-2003 or emergency language will be repealed by operation of law on the following day.
2. New chapter 5 (sections 12370-12371) and new section with amendments refiled 10-14-2003 as an emergency; operative 10-14-2003 (Register 2003, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-11-2004 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 2004, No. 6).
4. New chapter 5 (sections 12370-12371) and new section refiled 2-5-2004 as an emergency; operative 2-5-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-4-2004 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of Histories 2 and 4 (Register 2004, No. 23).
6. New chapter 5 (sections 12370-12371) and new section refiled 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-1-2004 order, including repealer of chapter 5 heading, new article 2 heading and amendment of section heading, section and Note, transmitted to OAL 9-28-2004 and filed 11-8-2004 (Register 2004, No. 46).
8. Change without regulatory effect amending subsections (b), (c), (d)(1)-(2) and (f) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
9. Amendment of article heading, section heading and section filed 4-6-2010; operative 5-6-2010 (Register 2010, No. 15).
10. Change without regulatory effect amending subsections (b) and (e)-(e)(2) 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).
11. Amendment of section heading and subsection (a) filed 8-21-2020 as an emergency; operative 8-17-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 34). A Certificate of Compliance must be transmitted to OAL by 6-18-2021 or emergency language will be repealed by operation of law on the following day.
12. 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.