§ 12002. General Definitions.

Unless otherwise specified, the definitions in Business and Professions Code section 19805, supplemented by the definitions found in Chapter 10 of Title 9 of Part 1 of the Penal Code (commencing with section 330), shall govern the construction of this division. As used in this division:

(a) “BCII” means the Bureau of Criminal Identification and Information in the California Department of Justice.

(b) “Bureau” means the Bureau of Gambling Control in the California Department of Justice. For the filing of any information, reports or forms, Bureau refers to the Sacramento office of the Bureau of Gambling Control.

(c) “California Games” means controlled games that feature a rotating player-dealer position, as described in Penal Code section 330.11.

(d) “Commission” means the California Gambling Control Commission.

(e) “Conviction” means a plea or verdict of guilty or a plea of nolo contendre, irrespective of a subsequent order of expungement under the provisions of Penal Code section 1203.4, 1203.4a, or 1203.45, or a certificate of rehabilitation under the provisions of Penal Code section 4852.13. Any plea entered pursuant to Penal Code section 1000.1 does not constitute a conviction for purposes of Business and Professions Code section 19859, subdivisions (c) or (d) unless a judgment of guilty is entered pursuant to Penal Code section 1000.3.

(f) “Deadly weapon” means any weapon, the possession or concealed carrying of which is prohibited by Penal Code section 12020.

(g) “Executive Director” means the executive officer of the Commission, as provided in Business and Professions Code section 19816 or his or her designee. If the Executive Director position is vacant, the “Executive Director” means the officer or employee who shall be so designated by the Commission.

(h) “Gambling Control Act” or “Act” means Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code.

(i) “Registrant” means a person having a valid registration issued by the Commission.

(j) “Surrender” means to voluntarily give up all legal rights and interests in a license, permit, registration, or approval.

HISTORY

1. New division 18 (chapter 1), chapter 1 (articles 1-3), article 1 (sections 12000-12099 - Reserved) filed 11-19-2001 as an emergency; operative 11-19-2001 (Register 2001, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-19-2002 or emergency language will be repealed by operation of law on the following day.

2. New division 18 (chapter 1), chapter 1 (articles 1-3), article 1 (sections 12000-12099 - Reserved) refiled 3-19-2002 as an emergency; operative 3-19-2002 (Register 2002, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-17-2002 or emergency language will be repealed by operation of law on the following day.

3. New division 18 (chapter 1), chapter 1 (articles 1-3), article 1 (sections 12000-12099 - Reserved) refiled 7-1-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.

4. Editorial correction adding Histories2 and 3 (Register 2002, No. 50).

5. Certificate of Compliance as to 7-1-2002 order, including amendment of chapter 1 heading and repealer of article 1 heading, transmitted to OAL 10-29-2002 and filed 12-12-2002 (Register 2002, No. 50).

6. Amendment of chapter heading and new section filed 1-25-2006; operative 2-24-2006 (Register 2006, No. 4).

7. Change without regulatory effect amending subsection (a) filed 12-26-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 52).

8. Change without regulatory effect adding subsection (b), repealing subsection (f) and relettering subsections filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

9. Amendment of subsection (g) and amendment of Note filed 10-16-2008; operative 11-15-2008 (Register 2008, No. 42).

10. New subsection (j) filed 12-7-2010; operative 1-6-2011 (Register 2010, No. 50).

Note

Note: Authority cited: Sections 19811, 19823, 19824, 19840, 19841, 19853(a)(3) and 19854, Business and Professions Code; and Section 7, Government Code. Reference: Sections 7.5, 19800, 19805, 19811, 19816 and 19951, Business and Professions Code.