2007 California Business and Professions Code Article 11. Penalties

CA Codes (bpc:19940-19944)

BUSINESS AND PROFESSIONS CODE
SECTION 19940-19944



19940.  Any person included on the list of persons to be excluded or
ejected from a gambling establishment pursuant to this chapter is
guilty of a misdemeanor if he or she thereafter knowingly enters the
premises of a licensed gambling establishment.



19941.  (a) A person under the age of 21 years shall not do any of
the following:
   (1) Play, be allowed to play, place wagers at, or collect winnings
from, whether personally or through an agent, any gambling game.
   (2) Loiter, or be permitted to loiter, in or about any room
wherein any gambling game is operated or conducted.
   (3) Be employed as an employee in a licensed gambling
establishment except in a parking lot, coffee shop, restaurant,
business office, or other similar room, as determined by regulations,
wherein no gambling activity or activity directly associated with
gambling takes place.
   (4) Present or offer to any licensee, or to an agent of a
licensee, any written, printed, or photostatic evidence of age and
identity that is false, fraudulent, or not actually his or her own
for the purpose of doing any of the things described in paragraphs
(1) to (3), inclusive.
   (b) Any licensee or employee in a gambling establishment who
violates or permits the violation of this section, and any person
under 21 years of age who violates this section, is guilty of a
misdemeanor.
   (c) Proof that a licensee, or agent or employee of a licensee,
demanded, was shown, and acted in reliance upon bona fide evidence of
age and identity shall be a defense to any criminal prosecution
under this section or to any proceeding for the suspension or
revocation of any license or work permit based thereon.  For the
purposes of this section, "bona fide evidence of age and identity"
means a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license or an identification
card issued to a member of the armed forces, that contains the name,
date of birth, description, and picture of the person.



19942.  (a) Any person who willfully fails to report, pay, or
truthfully account for and pay over any license fee imposed by this
chapter, or who willfully attempts in any manner to evade or defeat
the license fee or payment thereof, shall be punished by imprisonment
in a county jail, by a fine of not more than five thousand dollars
(,000), or by both that imprisonment and fine.
   (b) Any person who willfully violates any of the provisions of
this chapter for which a penalty is not expressly provided, is guilty
of a misdemeanor.


19943.  (a) Except as specified in subdivision (c), this section
applies to any person or business that is engaged in controlled
gambling, whether or not licensed to do so.
   (b) Any person or business described in subdivision (a), with
actual knowledge of the requirements of regulations adopted by the
commission pursuant to subdivision (d) of Section 19841, that
knowingly and willfully fails to comply with the requirements of
those regulations shall be liable for a monetary penalty.  The
commission may impose a monetary penalty for each violation.
However, in the first proceeding that is initiated pursuant to this
subdivision, the penalties for all violations shall not exceed a
total sum of ten thousand dollars (,000).  If a penalty was
imposed in a prior proceeding before the commission, the penalties
for all violations shall not exceed a total sum of twenty-five
thousand dollars (,000).  If a penalty was imposed in two or more
prior proceedings before the commission, the penalties for all
violations shall not exceed a total sum of one hundred thousand
dollars (0,000).
   (c) This section does not apply to any case where the person is
criminally prosecuted in federal or state court for conduct related
to a violation of Section 14162 of the Penal Code.




19944.  Any person who willfully resists, prevents, impedes, or
interferes with the department or the commission or any of their
agents or employees in the performance of duties pursuant to this
chapter is guilty of a misdemeanor, punishable by imprisonment in a
county jail for not more than six months, by a fine not exceeding one
thousand dollars (,000), or by both that imprisonment and fine.

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