Have you ever heard of card rooms; state-run lotteries? Have you ever wondered whether California considers horse race wagering legal? This article will provide an overview of existing gambling regulations.
What is Gambling Under California Law?
Though there is no certain definition for gambling under California State Law, the practice shows that the following elements shall be present to qualify the actions as gambling:
- Awarded through an event of chance
- In exchange for a certain consideration
- With a particular prize
Is Gambling Illegal in California?
The California State Constitution considers gambling illegal in California. However, some types of gambling are exceptions to the general rule. Particularly, California law permits:
- Tribal casino
- Card rooms
- A state-run lottery
- Bingo
- Horse race wagering
What Are the Main Legislative Acts in California Regulating Gambling
The main legislative act regulating gambling in California is called Gambling Control Act. This act sets out the relevant licensing terms for the entities, which are involved in the gambling market. California Gambling Control Commission issues particular regulations for gaming licenses. Besides, it also issues licenses to owners, supervisors, players, and employees of gambling institutions.
It is considered that licenses shall be renewed bi-annually and they may not be assigned or transferred in whole or in part under California Business and Profession Code.
This means that a separate application for receiving a license must be submitted for there to be a change in corporate control of the licensed entity.
California allows tribal casinos, and the state and the tribe negotiate their regulations. The regulations will cover revenue sharing details, licensing terms, and other related matters.
Horse Wagering and Lotteries in California
Horse wagering, including pari-mutuel wagering, falls under California Horse Racing Law and the California Business and Professions Code. The Californian Lottery runs the only authorized lottery in the state of California.
What is Penal Code Section 330 PC?
Under Penal Code 330 PC it is a misdemeanor offense to:
- Facilitating
- Sponsoring
- Running
- Otherwise operating an illegal gambling operation
What is the Minimum Age to Gamble in California?
The minimum age to gamble in California is 18 years, though some casinos have a minimum age of entry which is 21 years.
Is Online Gambling Allowed in California?
California does not separately regulate online gambling. Thus, there is no special licensing regime for online gambling.
What is the Tax Regime for Gambling?
- Under the regulations, the person winning is subject to the federal income tax regime. California State shall not impose any special tax on personal winnings
- California taxes pari-mutuel wagering at a rate of 20.84% of the total amount wagered
- Tribal casinos are not subject to state taxation. The tribes make payments to the state under their agreements
License Violations and Liability for Noncompliance
Businesses and individuals engaged in gambling activities in California are subject to strict state regulation. The California Gambling Control Commission has the authority to impose administrative sanctions for violations of the Gambling Control Act. Such sanctions include:
- Monetary fines
- Suspension or revocation of license
Liability applies to both licensees and employees of gambling establishments. Individuals involved in illegal gambling activities may also be subject to criminal penalties. Under California Penal Code Section 330 PC, it is a misdemeanor to:
- To organize
- Conduct
- Facilitating the operation of illegal gambling activities
This offense is classified as a misdemeanor and may result in a fine, arrest, or other sanction as determined by the court.
Third Party Liability and Gambling Advertising
It is also important to note that third parties, including landlords who provide the premises, can be held liable. The California Business and Professions Code considers advertising illegal gambling a misdemeanor. While advertising for legal gambling activities is not prohibited, it must comply with general advertising requirements. These include a prohibition against misleading information. Authorities may impose fines and take civil action if parties fail to meet these standards.
Is Advertising of Gambling Permitted in California?
The California Gambling Control Commission, Horse Racing Board, and Lottery Commission have not issued separate acts regarding gambling advertisements. Thus, the California Business and Professions Code regulates gambling advertisements under its general advertising regime.
If you or a loved one would like more information on California wagering and gambling laws we invite you to contact KAASS LAW (310) 943-1171 today. The sooner you come forward, the better chance you have of successfully resolving your case.