Have you ever heard of card rooms; state-run lotteries? Have you ever wondered whether horse race wagering is considered to be legal in California? This article will provide an overview of existing gambling regulations.
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:
Under the California State Constitution, gambling is considered to be illegal in California. However, there are types of gambling that are considered to be an exception to the general rule. Particularly, California law permits:
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.
As the state of California allows tribal casinos, their particular regulations shall be negotiated between the state and the particular tribe running the casino. The relations that shall be regulated concern namely revenue details sharing, licensing terms, and other relations.
Horse wagering, as well as including pari-mutuel wagering, which, under the California Business and Profession Code is defined as “a contribution to the pari-mutuel pool operated by the licensee association with the obligation to pay a ticket holder a portion of the distributable pool”, is governed and regulated by California Horse Racing Law.
The Californian Lottery runs the only authorized lottery in the state of California.
Under Penal Code 330 PC it is a misdemeanor offense to:
The minimum age to gamble in California is 18 years, though some casinos have a minimum age of entry which is 21 years.
Online gambling is not separately regulated in California. Thus, there is no special licensing regime for online gambling.
There are no separate acts issued by the California Gambling Control Commission or Horse Racing Board or the Lottery Commission concerning the advertisement of gambling. Thus, the gambling advertisement is regulated by the California Business and Professions Code general regime of advertisement.
If you or a loved one would like more information on California wagering and gambling laws we invite you to contact our office at (310) 943-1171 today.
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