Gambling Licensing & Hearings
Casino Operations & Compliance
Business Counsel for Gaming Companies
Gambling Law, Regulation & Legislation
The California Constitution, Article IV, Section 19, generally prohibits casinos of the type operating in Nevada and New Jersey. However, constitutional amendments together with legislation have created many distinct categories of regulated and legal gambling.
1) Card Clubs offer poker games and table games, like Three Card Poker, Baccarat and Pai Gow. The card clubs are not allowed to operate banked games. Penal Code 330. Instead, the players can take turns being the player-dealer and bet on the dealer hand against the other players, rather than wagering against the casino. Penal Code 330.11. Four Court of Appeal decisions have held that player-dealer games are not banking games. Sullivan v. Fox, 189 Cal. App. 3d 673, 678 (1987); Bell Gardens v. City of Los Angeles, 231 Cal. App .3d 1563, 1568 (1991); Huntington Park v. Cty. of Los Angeles, 206 Cal. App. 3d 241, 250 (1988); Walker v. Meehan, 194 Cal. App. 3d 1290 (1987). The card rooms are regulated by an independent state commission, the California Gambling Control Commission, and by the Bureau of Gambling Control in the Department of Justice.
2) Tribal Casinos. Tribal Casinos have compacts or agreements with the State of California under which tribal casinos can operate slot machines and house banked card games. Cal. Const. Art. IV, Sec. 19(f). Tribal casinos are largely self-regulated, but the National Indian Gaming Commission provides training and technical assistance to tribal regulatory agencies, and approves tribal gaming ordinances and management agreements.
3) Parimutuel Horse Racing. Horse racing is legal and there are also advance deposit wagering companies that take online horse wagers. Horse racing and ADW is regulated by the California Horse Racing Board.
4) There is a California State Lottery. All other lotteries and promotions that contain the elements of a lottery (prize, chance and consideration) are prohibited under Penal Code 319.
5) Charities are permitted to offer bingo games.
6) Raffles are permitted under prescribed rules, including raffles sponsored by sports teams.
7) Sweepstakes and contests are permitted. BPC 17539-17539.3, 17539.35.
8) The laws allows card games played in private residences if no person makes money for operating the game, except as a player. Penal Code 337j.
9) Slot machines are illegal. Penal Code 330a and 337t.
10) Sports Wagering is illegal. Penal Code 337a.
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