Section 12492 - Interim Licenses; Initial and Renewal; Conditions(a) An interim approval process is established to further the legislative intent of avoiding disruption of fundraising efforts by nonprofit organizations as expressed in Business and Professions Code section 19850.6.(b) No person may manufacture, distribute, or provide remote caller bingo equipment, supplies, or services or card-minding devices in this state unless they have a valid interim license issued by the Commission pursuant to this article.(c) Any manufacturer or distributor of card-minding devices or any vendor providing remote caller bingo equipment, supplies, or services in this state on or after April 24, 2009, shall apply for an interim license, pursuant to this article, within 30 days of the effective date of this section.(d) Any person applying for an initial interim license as the owner-licensee, as defined in subsection (b) of section 12480, of the manufacturer, distributor, or vendor business shall submit the following to the Bureau: (1) Application for Interim License for Manufacturers, Distributors, and Vendors of Bingo Equipment, Devices, Supplies, and Services, BGC-610 (Rev. 07/17), which is attached in Appendix B.(2) A non-refundable application fee of $500.00.(3) If the applicant is an individual residing in the state of California, a completed Request for Live Scan Service, as referred to in subsection (d) of Section 12112, including ATI Number, confirming that the applicant has submitted his or her fingerprints to the BCII for an automated criminal history check and response. The applicant is responsible for any fees necessary for the completion of this form.(4) If the applicant is an individual residing outside the state of California, two FBI Fingerprint cards.(e) Any person applying for an initial interim license as an owner, as defined in subsection (b) of section 12480, of a manufacturing, distributing, or vending business shall submit the following to the Bureau: (1) Application for Interim License for Manufacturers, Distributors, and Vendors of Bingo Equipment, Devices, Supplies, and Services, BGC-610, referred to in paragraph (1) of subsection (d).(2) A non-refundable application fee of $500.00.(3) If the applicant is an individual residing in the state of California, a completed Request for Live Scan Service, as referred to in subsection (d) of Section 12112, including ATI Number, confirming that the applicant has submitted his or her fingerprints to the BCII for an automated criminal history check and response. The applicant is responsible for any fees necessary for the completion of this form.(4) If the applicant is an individual residing outside the state of California, two FBI Fingerprint cards.(f) Interim license approvals pursuant to this article, are subject to the following conditions: (1) An interim license shall be valid for one year from the date it is issued by the Commission and may be renewed if regulations specifying the criteria for a regular license have not been adopted.(2) Upon adoption of regulations specifying the criteria for a regular license, the Commission will notify the holder of the interim license of the requirement to submit a regular application package within 30 days of the effective date of the regulations. If a response has not been received within 30 days, the interim license will not be eligible for renewal.(3) An interim license does not obligate the Commission to issue a regular license nor does it create a vested right in the holder to either a renewal of the interim license or to the granting of a subsequent regular license.(4) Issuance of an interim license has no bearing on the question of whether the holder will qualify for issuance of any Commission permit, registration, or license. The interim license will be cancelled in the event that the Commission subsequently determines the applicant does not qualify for a regular license.(5) If, during the term of an interim license, it is determined that the holder is disqualified pursuant to Section 12493, the Executive Director shall prepare an order to show cause why that interim license should not be cancelled. The holder of the interim license shall be given at least 30 days, but not more than 90 days, to respond in writing. After receipt of the holder's response, or if the holder fails to respond in the time specified, the matter shall be set for consideration at a noticed Commission meeting. The holder may address the Commission by way of an oral statement at the Commission meeting, and may request an evidentiary hearing, either in writing not less than ten days prior to the meeting or at the meeting itself. Any evidentiary hearing shall be conducted in accordance with applicable provisions of subsection (b) of Section 12050 of this division.(g) Any person applying for a renewal interim license as the owner-licensee of the manufacturing, distributing, or vending business shall submit the following to the Bureau no later than 90 days prior to the expiration of that license: (1) Application for Interim License for Manufacturers, Distributors, and Vendors of Bingo Equipment, Devices, Supplies, and Services, BGC-610, referred to in paragraph (1) of subsection (d).(2) A non-refundable application fee of $500.00.(h) Any person applying for a renewal interim license as an owner of the manufacturing, distributing, or vending business shall submit the following to the Bureau no later than 90 days prior to the expiration of that license: (1) Application for Interim License for Manufacturers, Distributors, and Vendors of Bingo Equipment, Devices, Supplies, and Services, BGC-610, referred to in paragraph (1) of subsection (d).(2) A non-refundable application fee of $500.00.(i) Each application for an initial or renewal interim license shall be reviewed and, if found to be complete and correct, shall be set for consideration at a noticed Commission meeting. If the application does not satisfy the requirements of this article, the applicant shall be provided a written list of the deficiencies.(j) A renewal interim license shall be valid for one year from the date of approval of the renewal application or from the expiration of the prior interim license, whichever is later.Cal. Code Regs. Tit. 4, § 12492
1. New article 3 (sections 12492-12496) and section filed 4-24-2009 as an emergency; operative 4-24-2009 (Register 2009, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-21-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance due date for 4-24-2009 emergency filing extended on 10-11-2009 pursuant to Business and Professions Code section 19850.6(c); Certificate of Compliance as to 4-24-2009 order, including amendment of article heading and section, timely transmitted to OAL on 9-22-2010 and filed 11-2-2010 (Register 2010, No. 45).
3. Change without regulatory effect amending subsections (d)-(d)(1), (e)-(e)(1), (f)(5)-(g)(1) and (h)-(h)(1) 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. Change without regulatory effect renumbering former article 3 to article 2 filed 12-4-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 49).
5. Editorial correction of HISTORY 4 (Register 2015, No. 3).
6. Change without regulatory effect amending subsection (d)(1) filed 9-7-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 36).
7. Amendment of subsections (d)(3) and (e)(3) 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.
8. Amendment of subsections (d)(3) and (e)(3) filed 10-18-2021; operative 1-1-2022 (Register 2021, No. 43). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
9. Amendment of subsections (d)(3) and (e)(3) filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). Note: Authority cited: Sections 19850.5 and 19850.6, Business and Professions Code; and Sections 326.3 and 326.5, Penal Code. Reference: Sections 19850.5 and 19850.6, Business and Professions Code; and Sections 326.3 and 326.5, Penal Code.
1. New article 3 (sections 12492-12496) and section filed 4-24-2009 as an emergency; operative 4-24-2009 (Register 2009, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-21-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance due date for 4-24-2009 emergency filing extended on 10-11-2009 pursuant to Business and Professions Code section 19850.6(c); Certificate of Compliance as to 4-24-2009 order, including amendment of article heading and section, timely transmitted to OAL on 9-22-2010 and filed 11-2-2010 (Register 2010, No. 45).
3. Change without regulatory effect amending subsections (d)-(d)(1), (e)-(e)(1), (f)(5)-(g)(1) and (h)-(h)(1) 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. Change without regulatory effect renumbering former article 3 to article 2 filed 12-4-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 49).
5. Editorial correction of History 4 (Register 2015, No. 3).
6. Change without regulatory effect amending subsection (d)(1) filed 9-7-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 36).
7. Amendment of subsections (d)(3) and (e)(3) 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.
8. Amendment of subsections (d)(3) and (e)(3) filed 10-18-2021; operative 1/1/2022 (Register 2021, No. 43). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
9. Amendment of subsections (d)(3) and (e)(3) filed 9-1-2022; operative 9/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35).