BUSINESS AND PROFESSIONS CODE
SECTION 19950-19951




19950.  This chapter shall not prohibit the enactment, amendment, or
enforcement of any ordinance by any city, county, or city and county
relating to licensed gambling establishments that is not
inconsistent with this chapter.  On and after the effective date of
this chapter, no city, county, or city and county shall issue a
gambling license with respect to any gambling establishment unless
one of the following is true:
   (a) The gambling establishment is located in a city, county, or
city and county wherein, after January 1, 1984, an ordinance was
adopted by the electors of the city, county, or city and county, in
an election conducted pursuant to former Section 19819 of the
Business and Professions Code, as that section read immediately
before its repeal by the act that enacted this chapter.
   (b) The gambling establishment is located in a city, county, or
city and county wherein, prior to January 1, 1984, there was in
effect an ordinance that expressly authorized the operation of one or
more cardrooms.
   (c) After the effective date of this chapter, a majority of the
electors voting thereon affirmatively approve a measure permitting
controlled gambling within that city, county, or city and county.
   (1) The measure to permit controlled gambling shall appear on the
ballot in substantially the following form:
"Shall licensed gambling establishments in which any controlled games
permitted by law, such as draw poker, low-ball poker, panguine
(pan), seven-card stud, or other lawful card games or tile games, are
played, be allowed in _____?  Yes ____ No ____."

   (2) In addition, the initial implementing ordinances shall be
drafted and appear in full on the sample ballot and shall set forth
at least all of the following:
   (A) The hours of operation.
   (B) The games to be played.
   (C) The wagering limits.
   (D) The maximum number of gambling establishments permitted by the
ordinance.
   (E) The maximum number of tables permitted in each gambling
establishment.



19950.1.  (a) On or after the effective date of this chapter, any
amendment to any ordinance that would result in an expansion of
gambling in the city, county, or city and county, shall not be valid
unless the amendment is submitted for approval to the voters of the
city, county, or city and county, and is approved by a majority of
the electors voting thereon.  An ordinance may be amended without the
approval of the electors one time on or after the effective date of
this chapter to expand gambling by a change that results in an
increase of less than 25 percent with respect to any of the matters
set forth in paragraphs (1), (2), (3), (5), and (6) of subdivision
(b).  Thereafter, any additional expansion shall be approved by a
majority of the electors voting thereon.  This subdivision does not
apply to a licensed gambling establishment with five or fewer tables.

   (b) For the purposes of this section, "expansion of gambling"
means, when compared to that authorized on January 1, 1996, or under
an ordinance adopted pursuant to subdivision (a) of Section 19851,
whichever is the lesser number, a change that results in any of the
following:
   (1) An increase of 25 percent or more in the number of gambling
tables in the city, county, or city and county.
   (2) An increase of 25 percent or more in the number of licensed
card rooms in the city, county, or city and county.
   (3) An increase of 25 percent or more in the number of gambling
tables that may be operated in a gambling establishment in the city,
county, or city and county.
   (4) The authorization of any additional form of gambling, other
than card games, that may be legally played in this state, to be
played at a gambling establishment in the city, county, or city and
county.
   (5) An increase of 25 percent or more in the hours of operation of
a gambling establishment in the city, county, or city and county.
   (6) An increase of 25 percent or more in the maximum amount
permitted to be wagered in a game.
   (c) The measure to expand gambling shall appear on the ballot in
substantially the following form:
"Shall gambling be expanded in ____ beyond that operated or
authorized on January 1, 1996, by ____ (describe expansion)?  Yes
____ No ____."




19950.2.  (a) On and after the effective date of this chapter,
neither the governing body nor the electors of a county, city, or
city and county that has not authorized legal gaming within its
boundaries prior to January 1, 1996, shall authorize legal gaming.
   (b) No ordinance in effect on January 1, 1996, that authorizes
legal gaming within a city, county, or city and county may be amended
to expand gaming in that jurisdiction beyond that permitted on
January 1, 1996.
   (c) This section shall remain operative only until January 1,
2007, and as of that date is repealed.



19950.3.  (a) In addition to any other limitations on the expansion
of gambling imposed by Section 19950.2 or any provision of this
chapter, the commission shall not issue a gambling license for a
gambling establishment that was not licensed to operate on December
31, 1999, unless an application to operate that establishment was on
file with the division prior to September 1, 2000.
   (b) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.



19951.  No city, county, or city and county may grant, or permit to
continue in effect, a license to deal, operate, carry on, conduct,
maintain, or expose for play any controlled game to any applicant or
holder of a local license unless the applicant or local licensee is
an owner licensee as defined in this chapter.  However, the issuance
of a state gambling license to a person imposes no requirements upon
the city, county, or city and county to issue a license to the
person.