Cal. Code Regs. tit. 4 § 12464

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 12464 - Self-Exclusion Program

(a) Cardroom business licensees must implement a program that allows patrons to exclude themselves from gambling establishments using a form entitled Self-Exclusion Request, form CGCC-CH7-05 (New 05/20), attached in Appendix A to this chapter. That program must contain, at a minimum, the following:

(1) Policies and procedures for providing Self-Exclusion Request forms and for sending any completed Self-Exclusion Request forms to the Bureau;

(2) Policies and procedures for maintaining and updating a list of self-excluded persons, wherein the confidentiality of the list is protected pursuant to Section 12466 and only agents or employees have access, unless needed by law enforcement personnel pursuant to an investigation or in assisting in a Problem Gambling program;

(3) Policies and procedures designed to thwart self-excluded patrons, as noticed by the Bureau, from entering the gambling area during the term of exclusion, with the exception of access for the sole purpose of carrying out the duties of employment, including removal procedures for patrons who attempt entry after requesting to be excluded and notification to the Bureau of any incidents of removal where law enforcement is called to remove a person from the premises;

(4) Policies and procedures for verifying a patron's identity and checking the list of self-excluded persons before cashing a check, awarding a jackpot or prize, extending credit and selling or redeeming chips, tokens or any other item of a monetary value if the patron's identity would otherwise be verified;

(5) Policies and procedures for the forfeiture of any unredeemed jackpots or prizes won by an excluded person and the remittance of the combined value for deposit into the Gambling Addiction Program Fund for problem gambling prevention and treatment services through the State Department of Public Health, Office of Problem Gambling;

(6) Policies and procedures for removal of a patron from customer lists maintained by the cardroom business licensee for direct mail marketing, telephone marketing, and other direct marketing or marketing opportunities regarding gaming opportunities or promotions at the gambling establishment;

(7) Policies and procedures for removal of a patron from check-cashing, or credit services offered by the cardroom business licensee; and,

(8) Policies and procedures for mailing any patron-submitted Self-Exclusion Request form to the Bureau within 10 business days.

(b) This section does not mandate that a cardroom business licensee provide the services of a notary public for persons who wish to complete the Self-Exclusion Request form.

Cal. Code Regs. Tit. 4, § 12464

1. New section filed 1-30-2007; operative 3-5-2007 (Register 2007, No. 5).
2. Change without regulatory effect amending subsections (a)-(a)(3) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
3. Change without regulatory effect amending subsection (a) filed 9-30-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 39).
4. Change without regulatory effect amending subsection (a) filed 3-21-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 12).
5. Change without regulatory effect amending subsection (a)(3) 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).
6. Change without regulatory effect amending subsections (a), (a)(4), (a)(6) and (b) filed 7-31-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 31).
7. Amendment filed 3-23-2016; operative 7-1-2016 (Register 2016, No. 13).
8. Change without regulatory effect amending subsection (a) filed 9-7-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 36).
9. 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, 19840, 19841(o) and 19920, Business and Professions Code. Reference: Sections 19801, 19920 and 19954, Business and Professions Code; and Section 4369.4, Welfare and Institutions Code.

1. New section filed 1-30-2007; operative 3-5-2007 (Register 2007, No. 5).
2. Change without regulatory effect amending subsections (a)-(a)(3) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).
3. Change without regulatory effect amending subsection (a) filed 9-30-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 39).
4. Change without regulatory effect amending subsection (a) filed 3-21-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 12).
5. Change without regulatory effect amending subsection (a)(3) 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).
6. Change without regulatory effect amending subsections (a), (a)(4), (a)(6) and (b) filed 7-31-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 31).
7. Amendment filed 3-23-2016; operative 7/1/2016 (Register 2016, No. 13).
8. Change without regulatory effect amending subsection (a) filed 9-7-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 36).
9. 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.