2009 California Penal Code - Section 319-329 :: Chapter 9. Lotteries

PENAL CODE
SECTION 319-329

319.  A lottery is any scheme for the disposal or distribution of
property by chance, among persons who have paid or promised to pay
any valuable consideration for the chance of obtaining such property
or a portion of it, or for any share or any interest in such
property, upon any agreement, understanding, or expectation that it
is to be distributed or disposed of by lot or chance, whether called
a lottery, raffle, or gift enterprise, or by whatever name the same
may be known.

319.3.  (a) In addition to Section 319, a lottery also shall include
a grab bag game which is a scheme whereby, for the disposal or
distribution of sports trading cards by chance, a person pays
valuable consideration to purchase a sports trading card grab bag
with the understanding that the purchaser has a chance to win a
designated prize or prizes listed by the seller as being contained in
one or more, but not all, of the grab bags.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Sports trading card grab bag" means a sealed package which
contains one or more sports trading cards that have been removed from
the manufacturer's original packaging. A "sports trading card grab
bag" does not include a sweepstakes, or procedure for the
distribution of any sports trading card of value by lot or by chance,
which is not unlawful under other provisions of law.
   (2) "Sports trading card" means any card produced for use in
commerce that contains a company name or logo, or both, and an image,
representation, or facsimile of one or more players or other team
member or members in any pose, and that is produced pursuant to an
appropriate licensing agreement.

319.5.  Neither this chapter nor Chapter 10 (commencing with Section
330) applies to the possession or operation of a reverse vending
machine. As used in this section a reverse vending machine is a
machine in which empty beverage containers are deposited for
recycling and which provides a payment of money, merchandise,
vouchers, or other incentives at a frequency less than upon each
deposit. The pay out of a reverse vending machine is made on a
deposit selected at random within the designated number of required
deposits.
   The deposit of an empty beverage container in a reverse vending
machine does not constitute consideration within the definition of
lottery in Section 319.

320.  Every person who contrives, prepares, sets up, proposes, or
draws any lottery, is guilty of a misdemeanor.

320.5.  (a) Nothing in this chapter applies to any raffle conducted
by an eligible organization as defined in subdivision (c) for the
purpose of directly supporting beneficial or charitable purposes or
financially supporting another private, nonprofit, eligible
organization that performs beneficial or charitable purposes if the
raffle is conducted in accordance with this section.
   (b) For purposes of this section, "raffle" means a scheme for the
distribution of prizes by chance among persons who have paid money
for paper tickets that provide the opportunity to win these prizes,
where all of the following are true:
   (1) Each ticket is sold with a detachable coupon or stub, and both
the ticket and its associated coupon or stub are marked with a
unique and matching identifier.
   (2) Winners of the prizes are determined by draw from among the
coupons or stubs described in paragraph (1) that have been detached
from all tickets sold for entry in the draw.
   (3) The draw is conducted in California under the supervision of a
natural person who is 18 years of age or older.
   (4) (A) At least 90 percent of the gross receipts generated from
the sale of raffle tickets for any given draw are used by the
eligible organization conducting the raffle to benefit or provide
support for beneficial or charitable purposes, or it may use those
revenues to benefit another private, nonprofit organization, provided
that an organization receiving these funds is itself an eligible
organization as defined in subdivision (c). As used in this section,
"beneficial purposes" excludes purposes that are intended to benefit
officers, directors, or members, as defined by Section 5056 of the
Corporations Code, of the eligible organization. In no event shall
funds raised by raffles conducted pursuant to this section be used to
fund any beneficial, charitable, or other purpose outside of
California. This section does not preclude an eligible organization
from using funds from sources other than the sale of raffle tickets
to pay for the administration or other costs of conducting a raffle.
   (B) An employee of an eligible organization who is a direct seller
of raffle tickets shall not be treated as an employee for purposes
of workers' compensation under Section 3351 of the Labor Code if the
following conditions are satisfied:
   (i) Substantially all of the remuneration (whether or not paid in
cash) for the performance of the service of selling raffle tickets is
directly related to sales rather than to the number of hours worked.
   (ii) The services performed by the person are performed pursuant
to a written contract between the seller and the eligible
organization and the contract provides that the person will not be
treated as an employee with respect to the selling of raffle tickets
for workers' compensation purposes.
   (C) For purposes of this section, employees selling raffle tickets
shall be deemed to be direct sellers as described in Section 650 of
the Unemployment Insurance Code as long as they meet the requirements
of that section.
   (c) For purposes of this section, "eligible organization" means a
private, nonprofit organization that has been qualified to conduct
business in California for at least one year prior to conducting a
raffle and is exempt from taxation pursuant to Sections 23701a,
23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or
23701w of the Revenue and Taxation Code.
   (d) Any person who receives compensation in connection with the
operation of the raffle shall be an employee of the eligible
organization that is conducting the raffle, and in no event may
compensation be paid from revenues required to be dedicated to
beneficial or charitable purposes.
   (e) No raffle otherwise permitted under this section may be
conducted by means of, or otherwise utilize, any gaming machine,
apparatus, or device, whether or not that machine, apparatus, or
device meets the definition of slot machine contained in Section
330a, 330b, or 330.1.
   (f) (1) No raffle otherwise permitted under this section may be
conducted, nor may tickets for a raffle be sold, within an operating
satellite wagering facility or racetrack inclosure licensed pursuant
to the Horse Racing Law (Chapter 4 (commencing with Section 19400) of
Division 8 of the Business and Professions Code) or within a
gambling establishment licensed pursuant to the Gambling Control Act
(Chapter 5 (commencing with Section 19800) of Division 8 of the
Business and Professions Code).
   (2) A raffle may not be operated or conducted in any manner over
the Internet, nor may raffle tickets be sold, traded, or redeemed
over the Internet. For purposes of this paragraph, an eligible
organization shall not be deemed to operate or conduct a raffle over
the Internet, or sell raffle tickets over the Internet, if the
eligible organization advertises its raffle on the Internet or
permits others to do so. Information that may be conveyed on an
Internet Web site pursuant to this paragraph includes, but is not
limited to, all of the following:
   (A) Lists, descriptions, photographs, or videos of the raffle
prizes.
   (B) Lists of the prize winners.
   (C) The rules of the raffle.
   (D) Frequently asked questions and their answers.
   (E) Raffle entry forms, which may be downloaded from the Internet
Web site for manual completion by raffle ticket purchasers, but shall
not be submitted to the eligible organization through the Internet.
   (F) Raffle contact information, including the eligible
organization's name, address, telephone number, facsimile number, or
e-mail address.
   (g) No individual, corporation, partnership, or other legal entity
shall hold a financial interest in the conduct of a raffle, except
the eligible organization that is itself authorized to conduct that
raffle, and any private, nonprofit, eligible organizations receiving
financial support from that charitable organization pursuant to
subdivisions (a) and (b).
   (h) (1) An eligible organization may not conduct a raffle
authorized under this section, unless it registers annually with the
Department of Justice. The department shall furnish a registration
form via the Internet or upon request to eligible nonprofit
organizations. The department shall, by regulation, collect only the
information necessary to carry out the provisions of this section on
this form. This information shall include, but is not limited to, the
following:
   (A) The name and address of the eligible organization.
   (B) The federal tax identification number, the corporate number
issued by the Secretary of State, the organization number issued by
the Franchise Tax Board, or the California charitable trust
identification number of the eligible organization.
   (C) The name and title of a responsible fiduciary of the
organization.
   (2) The department may require an eligible organization to pay an
annual registration fee of ten dollars ($10) to cover the actual
costs of the department to administer and enforce this section. The
department may, by regulation, adjust the annual registration fee as
needed to ensure that revenues willfully offset, but do not exceed,
the actual costs incurred by the department pursuant to this section.
The fee shall be deposited by the department into the General Fund.
   (3) The department shall receive General Fund moneys for the costs
incurred pursuant to this section subject to an appropriation by the
Legislature.
   (4) The department shall adopt regulations necessary to effectuate
this section, including emergency regulations, pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
   (5) The department shall maintain an automated database of all
registrants. Each local law enforcement agency shall notify the
department of any arrests or investigation that may result in an
administrative or criminal action against a registrant. The
department may audit the records and other documents of a registrant
to ensure compliance with this section.
   (6) Once registered, an eligible organization must file annually
thereafter with the department a report that includes the following:
   (A) The aggregate gross receipts from the operation of raffles.
   (B) The aggregate direct costs incurred by the eligible
organization from the operation of raffles.
   (C) The charitable or beneficial purposes for which proceeds of
the raffles were used, or identify the eligible recipient
organization to which proceeds were directed, and the amount of those
proceeds.
   (7) The department shall annually furnish to registrants a form to
collect this information.
   (8) The registration and reporting provisions of this section do
not apply to any religious corporation sole or other religious
corporation or organization that holds property for religious
purposes, to a cemetery corporation regulated under Chapter 19 of
Division 3 of the Business and Professions Code, or to any committee
as defined in Section 82013 that is required to and does file any
statement pursuant to the provisions of Article 2 (commencing with
Section 84200) of Chapter 4 of Title 9, or to a charitable
corporation organized and operated primarily as a religious
organization, educational institution, hospital, or a health care
service plan licensed pursuant to Section 1349 of the Health and
Safety Code.
   (i) The department may take legal action against a registrant if
it determines that the registrant has violated this section or any
regulation adopted pursuant to this section, or that the registrant
has engaged in any conduct that is not in the best interests of the
public's health, safety, or general welfare. Any action taken
pursuant to this subdivision does not prohibit the commencement of an
administrative or criminal action by the Attorney General, a
district attorney, city attorney, or county counsel.
   (j) Each action and hearing conducted to deny, revoke, or suspend
a registry, or other administrative action taken against a registrant
shall be conducted pursuant to the Administrative Procedure Act
(Chapters 4.5 (commencing with Section 11400) and 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code). The department may seek recovery of the costs incurred in
investigating or prosecuting an action against a registrant or
applicant in accordance with those procedures specified in Section
125.3 of the Business and Professions Code. A proceeding conducted
under this subdivision is subject to judicial review pursuant to
Section 1094.5 of the Code of Civil Procedure.
   (k) The Department of Justice shall conduct a study and report to
the Legislature by December 31, 2003, on the impact of this section
on raffle practices in California. Specifically, the study shall
include, but not be limited to, information on whether the number of
raffles has increased, the amount of money raised through raffles and
whether this amount has increased, whether there are consumer
complaints, and whether there is increased fraud in the operation of
raffles.
   (l) This section shall become operative on July 1, 2001.
   (m) A raffle shall be exempt from this section if it satisfies all
of the following requirements:
   (1) It involves a general and indiscriminate distribution of the
tickets.
   (2) The tickets are offered on the same terms and conditions as
the tickets for which a donation is given.
   (3) The scheme does not require any of the participants to pay for
a chance to win.

321.  Every person who sells, gives, or in any manner whatever,
furnishes or transfers to or for any other person any ticket, chance,
share, or interest, or any paper, certificate, or instrument
purporting or understood to be or to represent any ticket, chance,
share, or interest in, or depending upon the event of any lottery, is
guilty of a misdemeanor.

322.  Every person who aids or assists, either by printing, writing,
advertising, publishing, or otherwise in setting up, managing, or
drawing any lottery, or in selling or disposing of any ticket,
chance, or share therein, is guilty of a misdemeanor.

323.  Every person who opens, sets up, or keeps, by himself or by
any other person, any office or other place for the sale of, or for
registering the number of any ticket in any lottery, or who, by
printing, writing, or otherwise, advertises or publishes the setting
up, opening, or using of any such office, is guilty of a misdemeanor.

324.  Every person who insures or receives any consideration for
insuring for or against the drawing of any ticket in any lottery
whatever, whether drawn or to be drawn within this State or not, or
who receives any valuable consideration upon any agreement to repay
any sum, or deliver the same, or any other property, if any lottery
ticket or number of any ticket in any lottery shall prove fortunate
or unfortunate, or shall be drawn or not be drawn, at any particular
time or in any particular order, or who promises or agrees to pay any
sum of money, or to deliver any goods, things in action, or
property, or to forbear to do anything for the benefit of any person,
with or without consideration, upon any event or contingency
dependent on the drawing of any ticket in any lottery, or who
publishes any notice or proposal of any of the purposes aforesaid, is
guilty of a misdemeanor.

325.  All moneys and property offered for sale or distribution in
violation of any of the provisions of this chapter are forfeited to
the state, and may be recovered by information filed, or by an action
brought by the Attorney General, or by any district attorney, in the
name of the state. Upon the filing of the information or complaint,
the clerk of the court must issue an attachment against the property
mentioned in the complaint or information, which attachment has the
same force and effect against such property, and is issued in the
same manner as attachments issued from the superior courts in civil
cases.

326.  Every person who lets, or permits to be used, any building or
vessel, or any portion thereof, knowing that it is to be used for
setting up, managing, or drawing any lottery, or for the purpose of
selling or disposing of lottery tickets, is guilty of a misdemeanor.

326.3.  (a) The Legislature finds and declares all of the following:
   (1) Nonprofit organizations provide important and essential
educational, philanthropic, and social services to the people of the
State of California.
   (2) One of the great strengths of California is a vibrant
nonprofit sector.
   (3) Nonprofit and philanthropic organizations touch the lives of
every Californian through service and employment.
   (4) Many of these services would not be available if nonprofit
organizations did not provide them.
   (5) There is a need to provide methods of fundraising to nonprofit
organizations to enable them to provide these essential services.
   (6) Historically, many nonprofit organizations have used
charitable bingo as one of their key fundraising strategies to
promote the mission of the charity.
   (7) Legislation is needed to provide greater revenues for
nonprofit organizations to enable them to fulfill their charitable
purposes, and especially to meet their increasing social service
obligations.
   (8) Legislation is also needed to clarify that existing law
requires that all charitable bingo must be played using a tangible
card and that the only permissible electronic devices to be used by
charitable bingo players are card-minding devices.
   (b) Neither the prohibition on gambling in this chapter nor in
Chapter 10 (commencing with Section 330) applies to any remote caller
bingo game that is played or conducted in a city, county, or city
and county pursuant to an ordinance enacted under Section 19 of
Article IV of the California Constitution, if the ordinance allows a
remote caller bingo game to be played or conducted only in accordance
with the requirements of this section, including the following
requirements:
   (1) The game may be conducted only by the following organizations:
   (A) An organization that is exempted from the payment of the bank
and corporation tax by Section 23701a, 23701b, 23701d, 23701e,
23701f, 23701g, 23701k, 23701w, or 23701l of the Revenue and Taxation
Code.
   (B) A mobilehome park association.
   (C) A senior citizens organization.
   (D) Charitable organizations affiliated with a school district.
   (2) The organization conducting the game shall have been
incorporated or in existence for three years or more.
   (3) The organization conducting the game shall be licensed
pursuant to subdivision (l) of Section 326.5.
   (4) The receipts of the game shall be used only for charitable
purposes. The organization conducting the game shall determine the
disbursement of the net receipts of the game.
   (5) The operation of bingo may not be the primary purpose for
which the organization is organized.
   (c) (1) A city, county, or city and county may adopt an ordinance
in substantially the following form to authorize remote caller bingo
in accordance with the requirements of subdivision (b):

   Sec. _.01. Legislative Authorization.
   This chapter is adopted pursuant to Section 19 of Article IV of
the California Constitution, as implemented by Sections 326.3 and
326.4 of the Penal Code.
   Sec. _.02. Remote Caller Bingo Authorized.
   Remote Caller Bingo may be lawfully played in the [City, County,
or City and County] pursuant to the provisions of Sections 326.3 and
326.4 of the Penal Code, and this chapter, and not otherwise.
   Sec. _.03. Qualified Applicants: Applicants for Licensure.
   (a) The following organizations are qualified to apply to the
License Official for a license to operate a bingo game if the
receipts of those games are used only for charitable purposes:
   (1) An organization exempt from the payment of the Bank and
Corporation Tax by Section 23701, 23701a, 23701b, 23701d, 23701e,
23701f, 23701g, 23701k, or 23701w of the Revenue and Taxation Code.
   (2) A mobile home park association of a mobile home park that is
situated in the [City, County, or City and County].
   (3) Senior citizen organizations.
   (4) Charitable organizations affiliated with a school district.
   (b) The application shall be in a form prescribed by the License
Official and shall be accompanied by a nonrefundable filing fee in an
amount determined by resolution of the [Governing Body of the City,
County, or City and County] from time to time. The following
documentation shall be attached to the application, as applicable:
   (1) A certificate issued by the Franchise Tax Board certifying
that the applicant is exempt from the payment of the Bank and
Corporation Tax pursuant to Section 23701d of the Revenue and
Taxation Code.
   (2) Other evidence as the License Official determines is necessary
to verify that the applicant is a duly organized mobile home park
association of a mobile home park situated in the [City, County, or
City and County].
   Sec. _.04. License Application: Verification.
   The license shall not be issued until the License Official has
verified the facts stated in the application and determined that the
applicant is qualified.
   Sec. _.05. Annual Licenses.
   A license issued pursuant to this chapter shall be valid until the
end of the calendar year, at which time the license shall expire. A
new license shall only be obtained upon filing a new application and
payment of the license fee. The fact that a license has been issued
to an applicant creates no vested right on the part of the licensee
to continue to offer bingo for play. The [Governing Body of the City,
County, or City and County] expressly reserves the right to amend or
repeal this chapter at any time by resolution. If this chapter is
repealed, all licenses issued pursuant to this chapter shall cease to
be effective for any purpose on the effective date of the repealing
resolution.
   Sec. _.06. Conditions of Licensure.
   (a) Any license issued pursuant to this chapter shall be subject
to the conditions contained in Sections 326.3 and 326.4 of the Penal
Code, and each licensee shall comply with the requirements of those
provisions.
   (b) Each license issued pursuant to this chapter shall be subject
to the following additional conditions:
   (1) Bingo games shall not be conducted by any licensee on more
than two days during any week, except that a licensee may hold one
additional game, at its election, in each calendar quarter.
   (2) The licensed organization is responsible for ensuring that the
conditions of this chapter and Sections 326.3 and 326.4 of the Penal
Code are complied with by the organization and its officers and
members. A violation of any one or more of those conditions or
provisions shall constitute cause for the revocation of the
organization's license. At the request of the organization, the
[Governing Body of the City, County, or City and County] shall hold a
public hearing before revoking any license issued pursuant to this
chapter.

   (2) Nothing in this section shall require a city, county, or city
and county to use this model ordinance in order to authorize remote
caller bingo.
   (d) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any remote caller bingo game, provided that
administrative, managerial, technical, financial, and security
personnel employed by the organization conducting the bingo game may
be paid reasonable fees for services rendered from the revenues of
bingo games, as provided in subdivision (m), except that fees paid
under those agreements shall not be determined as a percentage of
receipts or other revenues from, or be dependant on the outcome of,
the game.
   (e) A violation of subdivision (d) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine shall be
deposited in the general fund of the city, county, or city and county
that enacted the ordinance authorizing the remote caller bingo game.
A violation of any provision of this section, other than subdivision
(d), is a misdemeanor.
   (f) The city, county, or city and county that enacted the
ordinance authorizing the remote caller bingo game, or the Attorney
General, may bring an action to enjoin a violation of this section.
   (g) No minors shall be allowed to participate in any remote caller
bingo game.
   (h) A remote caller bingo game shall not include any site that is
not located within this state.
   (i) An organization authorized to conduct a remote caller bingo
game pursuant to subdivision (b) shall conduct the game only on
property that is owned or leased by the organization, or the use of
which is donated to the organization. Nothing in this subdivision
shall be construed to require that the property that is owned or
leased by, or the use of which is donated to, the organization be
used or leased exclusively by, or donated exclusively to, that
organization.
   (j) (1) All remote caller bingo games shall be open to the public,
not just to the members of the authorized organization.
   (2) No more than 750 players may participate in a remote caller
bingo game in a single location.
   (3) If the Governor of California or the President of the United
States declares a state of emergency in response to a natural
disaster or other public catastrophe occurring in California, an
organization authorized to conduct remote caller bingo games may,
while that declaration is in effect, conduct a remote caller bingo
game pursuant to this section with more than 750 participants in a
single venue if the net proceeds of the game, after deduction of
prizes and overhead expenses, are donated to or expended exclusively
for the relief of the victims of the disaster or catastrophe, and the
organization gives the California Gambling Control Commission at
least 10 days' written notice of the intent to conduct that game.
   (4) An organization authorized to conduct remote caller bingo
games shall provide the commission with at least 30 days' advance
written notice of its intent to conduct a remote caller bingo game.
That notice shall include all of the following:
   (A) The legal name of the organization and the address of record
of the agent upon whom legal notice may be served.
   (B) The locations of the caller and remote players, whether the
property is owned by the organization or donated, and if donated, by
whom.
   (C) The name of the licensed caller and site manager.
   (D) The names of administrative, managerial, technical, financial,
and security personnel employed.
   (E) The name of the vendor and any person or entity maintaining
the equipment used to operate and transmit the game.
   (F) The name of the person designated as having a fiduciary
responsibility for the game pursuant to paragraph (2) of subdivision
(k).
   (G) The license numbers of all persons specified in subparagraphs
(A) to (F), inclusive, who are required to be licensed.
   (H) A copy of the local ordinance for any city, county, or city
and county in which the game will be played. The commission shall
post the ordinance on its Internet Web site.
   (k) (1) A remote caller bingo game shall be operated and staffed
only by members of the authorized organization that organized it.
Those members shall not receive a profit, wage, or salary from any
remote caller bingo game. Only the organization authorized to conduct
a remote caller bingo game shall operate that game, or participate
in the promotion, supervision, or any other phase of a remote caller
bingo game. Subject to the provisions of subdivision (m), this
subdivision shall not preclude the employment of administrative,
managerial, technical, financial, or security personnel who are not
members of the authorized organization at a location participating in
the remote caller bingo game by the organization conducting the
game. Notwithstanding any other provisions of law, exclusive or other
agreements between the authorized organization and other entities or
persons to provide services in the administration, management, or
conduct of the game shall not be considered a violation of the
prohibition against holding a legally cognizable financial interest
in the conduct of the remote caller bingo game by persons or entities
other than the charitable organization, or other entity authorized
to conduct the remote caller bingo games, provided that those persons
or entities obtain the gambling licenses, the key employee licenses,
or the work permits required by, and otherwise comply with, Chapter
5 (commencing with Section 19800) of Division 8 of the Business and
Professions Code. Fees to be paid under any such agreements shall be
reasonable and shall not be determined as a percentage of receipts or
other revenues from, or be dependent on the outcome of, the game.
   (2) An organization that conducts a remote caller bingo game shall
designate a person as having fiduciary responsibility for the game.
   (l) No individual, corporation, partnership, or other legal
entity, except the organization authorized to conduct or participate
in a remote caller bingo game, shall hold a legally cognizable
financial interest in the conduct of such a game.
   (m) An organization authorized to conduct a remote caller bingo
game pursuant to this section shall not have overhead costs exceeding
20 percent of gross sales, except that the limitations of this
section shall not apply to one-time, nonrecurring capital
acquisitions. For purposes of this subdivision, "overhead costs"
includes, but is not limited to, amounts paid for rent and equipment
leasing and the reasonable fees authorized to be paid to
administrative, managerial, technical, financial, and security
personnel employed by the organization pursuant to subdivision (d).
For the purpose of keeping its overhead costs below 20 percent of
gross sales, an authorized organization may elect to deduct all or a
portion of the fees paid to financial institutions for the use and
processing of credit card sales from the amount of gross revenues
awarded for prizes. In that case, the redirected fees for the use and
processing of credit card sales shall not be included in "overhead
costs" as defined in the California Remote Caller Bingo Act.
Additionally, fees paid to financial institutions for the use and
processing of credit card sales shall not be deducted from the
proceeds retained by the charitable organization.
   (n) No person shall be allowed to participate in a remote caller
bingo game unless the person is physically present at the time and
place where the remote caller bingo game is being conducted. A person
shall be deemed to be physically present at the place where the
remote caller bingo game is being conducted if he or she is present
at any of the locations participating in the remote caller bingo game
in accordance with this section.
   (o) (1) An organization shall not cosponsor a remote caller bingo
game with one or more other organizations unless one of the following
is true:
   (A) All of the cosponsors are affiliated under the master charter
or articles and bylaws of a single organization.
   (B) All of the cosponsors are affiliated through an organization
described in paragraph (1) of subdivision (b), and have the same
Internal Revenue Service activity code.
   (2) Notwithstanding paragraph (1), a maximum of 10 unaffiliated
organizations described in paragraph (1) of subdivision (b) may enter
into an agreement to cosponsor a remote caller game, provided the
game shall have not more than 10 locations.
   (3) An organization shall not conduct remote caller bingo more
than one day per week.
   (4) Before sponsoring or operating any game authorized under
paragraph (1) or (2), each of the cosponsoring organizations shall
have entered into a written agreement, a copy of which shall be
provided to the commission, setting forth how the expenses and
proceeds of the game are to be allocated among the participating
organizations, the bank accounts into which all receipts are to be
deposited and from which all prizes are to be paid, and how game
records are to be maintained and subjected to annual audit.
   (p) The value of prizes awarded during the conduct of any remote
caller bingo game shall not exceed 37 percent of the gross receipts
for that game. When an authorized organization elects to deduct fees
paid for the use and processing of credit card sales from the amount
of gross revenues for that game awarded for prizes, the maximum
amount of gross revenues that may be awarded for prizes shall not
exceed 37 percent of the gross receipts for that game, less the
amount of redirected fees paid for the use and processing of credit
card sales. Every remote caller bingo game shall be played until a
winner is declared. Progressive prizes are prohibited. The declared
winner of a remote caller bingo game shall provide his or her
identifying information and a mailing address to the onsite manager
of the remote caller bingo game. Prizes shall be paid only by check;
no cash prizes shall be paid. The organization conducting the remote
caller bingo game may issue a check to the winner at the time of the
game, or may send a check to the declared winner by United States
Postal Service certified mail, return receipt requested. All prize
money exceeding state and federal exemption limits on prize money
shall be subject to income tax reporting and withholding requirements
under applicable state and federal laws and regulations and those
reports and withholding shall be forwarded, within 10 business days,
to the appropriate state or federal agency on behalf of the winner. A
report shall accompany the amount withheld identifying the person on
whose behalf the money is being sent. Any game interrupted by a
transmission failure, electrical outage, or act of God shall be
considered void in the location that was affected. A refund for a
canceled game or games shall be provided to the purchasers.
   (q) (1) The California Gambling Control Commission shall regulate
remote caller bingo, including, but not limited to, licensure and
operation. The commission shall establish reasonable criteria
regulating, and shall require the licensure of, the following:
   (A) Any person who conducts a remote caller bingo game pursuant to
this section, including, but not limited to, an employee, a person
having fiduciary responsibility for a remote caller bingo game, a
site manager, and a bingo caller.
   (B) Any person who directly or indirectly manufactures,
distributes, supplies, vends, leases, or otherwise provides supplies,
devices, services, or other equipment designed for use in the
playing of a remote caller bingo game by any nonprofit organization.
   (C) Beginning January 31, 2009, or a later date as may be
established by the commission, all persons described in subparagraph
(A) or (B) may submit to the commission a letter of intent to submit
an application for licensure. The letter shall clearly identify the
principal applicant, all categories under which the application will
be filed, and the names of all those particular individuals who are
applying. Each charitable organization shall provide an estimate of
the frequency with which it plans to conduct remote caller bingo
operations, including the number of locations. The letter of intent
may be withdrawn or updated at any time.
   (2) (A) The Department of Justice shall conduct background
investigations and conduct field enforcement as it relates to remote
caller bingo consistent with the Gambling Control Act (Chapter 5
(commencing with Section 19800) of Division 8 of the Business and
Professions Code) and as specified in regulations promulgated by the
commission.
   (B) Fees to cover background investigation costs shall be paid and
accounted for in accordance with Section 19867 of the Business and
Professions Code.
   (3) (A) Every application for a license or approval shall be
accompanied by a nonrefundable fee, the amount of which shall be
adopted by the commission by regulation.
   (B) Fees and revenue collected pursuant to this paragraph shall be
deposited in the California Bingo Fund, which is hereby created in
the State Treasury. The funds deposited in the California Bingo Fund
shall be available, upon appropriation by the Legislature, for
expenditure by the commission and the department exclusively for the
support of the commission and department in carrying out their duties
and responsibilities under this section and Section 326.5.
   (C) A loan is hereby authorized from the Gambling Control Fund to
the California Bingo Fund on or after January 1, 2009, in an amount
of up to five hundred thousand dollars ($500,000) to fund operating,
personnel, and other startup costs incurred by the commission
relating to this act. Funds from the California Bingo Fund shall be
available to the commission upon appropriation by the Legislature in
the annual Budget Act. The loan shall be subject to all of the
following conditions:
   (i) The loan shall be repaid to the Gambling Control Fund as soon
as there is sufficient money in the California Bingo Fund to repay
the amount loaned, but no later than five years after the date of the
loan.
   (ii) Interest on the loan shall be paid from the California Bingo
Fund at the rate accruing to moneys in the Pooled Money Investment
Account.
   (iii) The terms and conditions of the loan are approved, prior to
the transfer of funds, by the Department of Finance pursuant to
appropriate fiscal standards.
   The commission may assess and collect reasonable fees and deposits
as necessary to defray the costs of regulation and oversight.
   (r) The administrative, managerial, technical, financial, and
security personnel employed by an organization that conducts remote
caller bingo games shall apply for, obtain, and thereafter maintain
valid work permits, as defined in Section 19805 of the Business and
Professions Code.
   (s) An organization that conducts remote caller bingo games shall
retain records in connection with the remote caller bingo game for
five years.
   (t) (1) All equipment used for remote caller bingo shall be
approved in advance by the California Gambling Control Commission
pursuant to regulations adopted pursuant to subdivision (r) of
Section 19841 of the Business and Professions Code.
   (2) The California Gambling Control Commission shall monitor
operation of the transmission and other equipment used for remote
caller bingo, and monitor the game.
   (u) (1) As used in this section, "remote caller bingo game" means
a game of bingo, as defined in subdivision (o) of Section 326.5, in
which the numbers or symbols on randomly drawn plastic balls are
announced by a natural person present at the site at which the live
game is conducted, and the organization conducting the bingo game
uses audio and video technology to link any of its in-state
facilities for the purpose of transmitting the remote calling of a
live bingo game from a single location to multiple locations owned,
leased, or rented by that organization, or as described in
subdivision (o) of this section. The audio or video technology used
to link the facilities may include cable, Internet, satellite,
broadband, or telephone technology, or any other means of electronic
transmission that ensures the secure, accurate, and simultaneous
transmission of the announcement of numbers or symbols in the game
from the location at which the game is called by a natural person to
the remote location or locations at which players may participate in
the game. The drawing of each ball bearing a number or symbol by the
natural person calling the game shall be visible to all players as
the ball is drawn, including through a simultaneous live video feed
at remote locations at which players may participate in the game.
   (2) The caller in the live game must be licensed by the California
Gambling Control Commission. A game may be called by a nonlicensed
caller if the drawing of balls and calling of numbers or symbols by
that person is observed and personally supervised by a licensed
caller.
   (3) Remote caller bingo games shall be played using traditional
paper or other tangible bingo cards and daubers, and shall not be
played by using electronic devices, except card-minding devices, as
described in paragraph (1) of subdivision (p) of Section 326.5.
   (4) Prior to conducting a remote caller bingo game, the
organization that conducts remote caller bingo shall submit to the
commission the controls, methodology, and standards of game play,
which shall include, but not be limited to, the equipment used to
select bingo numbers and create or originate cards, control or
maintenance, distribution to participating locations, and
distribution to players. Those controls, methodologies, and standards
shall be subject to prior approval by the commission, provided that
the controls shall be deemed approved by the commission after 90 days
from the date of submission unless disapproved.
   (v) A location shall not be eligible to participate in a remote
caller bingo game if bingo games are conducted at that location in
violation of Section 326.5 or any regulation adopted by the
commission pursuant to Section 19841 of the Business and Professions
Code, including, but not limited to, a location at which unlawful
electronic devices are used.
   (w) (1) The vendor of the equipment used in a remote caller bingo
game shall have its books and records audited at least annually by an
independent California certified public accountant and shall submit
the results of that audit to the California Gambling Control
Commission within 120 days after the close of the vendor's fiscal
year. In addition, the California Gambling Control Commission may
audit the books and records of the vendor at any time.
   (2) An authorized organization that conducts remote caller bingo
games shall provide copies of the records pertaining to those games
to the California Gambling Control Commission within 30 days after
the end of each calendar quarter. In addition, those records shall be
audited by an independent California certified public accountant at
least annually and copies of the audit reports shall be provided to
the California Gambling Control Commission within 120 days after the
close of the organization's fiscal year. The audit report shall
account for the annual amount of fees paid to financial institutions
for the use and processing of credit card sales by the authorized
organization and the amount of fees for the use and processing of
credit card sales redirected from "overhead costs" and deducted from
the amount of gross revenues awarded for prizes.
   (3) The costs of the licensing and audits required by this section
shall be borne by the person or entity required to be licensed or
audited. The audit shall enumerate the receipts for remote caller
bingo, the prizes disbursed, the overhead costs, and the amount
retained by the nonprofit organization. The commission may audit the
books and records of an organization that conducts remote caller
bingo games at any time.
   (4) If, during an audit, the commission identifies practices in
violation of this section, the license for the audited entity may be
suspended pending review and hearing before the commission for a
final determination.
   (5) No audit required to be conducted by the commission shall
commence before January 1, 2010.
   (x) (1) The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
   (2) Notwithstanding paragraph (1), if paragraph (1) or (3) of
subdivision (u), or the application of either of those provisions, is
held invalid, this entire section shall be invalid.
   (y) The commission shall submit a report to the Legislature, on or
before January 1, 2012, on the fundraising effectiveness and
regulation of remote caller bingo, and other matters that are
relevant to the public interest regarding remote caller bingo.
   (z) The following definitions apply for purposes of this section:
   (1) "Commission" means the California Gambling Control Commission.
   (2) "Person" includes a natural person, corporation, limited
liability company, partnership, trust, joint venture, association, or
any other business organization.

326.4.  (a) Consistent with the Legislature's finding that
card-minding devices, as described in subdivision (p) of Section
326.5, are the only permissible electronic devices to be used by
charity bingo players, and in an effort to ease the transition to
remote caller bingo on the part of those nonprofit organizations
that, as of July 1, 2008, used electronic devices other than
card-minding devices to conduct games in reliance on an ordinance of
a city, county, or city and county that, as of July 1, 2008,
expressly recognized the operation of electronic devices other than
card-minding devices by organizations purportedly authorized to
conduct bingo in the city, county, or city and county, there is
hereby created the Charity Bingo Mitigation Fund.
   (b) The Charity Bingo Mitigation Fund shall be administered by the
California Gambling Control Commission.
   (c) Mitigation payments to be made by the Charity Bingo Mitigation
Fund shall not exceed five million dollars ($5,000,000) in the
aggregate.
   (d) (1) To allow the Charity Bingo Mitigation Fund to become
immediately operable, five million dollars ($5,000,000) shall be
loaned from the accrued interest in the Indian Gaming Special
Distribution Fund to the Charity Bingo Mitigation Fund on or after
January 1, 2009, to make mitigation payments to eligible nonprofit
organizations. Five million dollars ($5,000,000) of this loan amount
is hereby appropriated to the California Gambling Control Commission
for the purposes of providing mitigation payments to certain
charitable organizations, as described in subdivision (e). Pursuant
to Section 16304 of the Government Code, after three years the
unexpended balance shall revert back to the Charity Bingo Mitigation
Fund.
   (2) To reimburse the Special Distribution Fund, those nonprofit
organizations that conduct a remote caller bingo game pursuant to
Section 326.3 shall pay to the California Gambling Control Commission
an amount equal to 5 percent of the gross revenues of each remote
caller bingo game played until that time as the full advanced amount
plus interest on the loan at the rate accruing to moneys in the
Pooled Money Investment Account is reimbursed.
   (e) (1) An organization meeting the requirements in subdivision
(a) shall be eligible to receive mitigation payments from the Charity
Bingo Mitigation Fund only if the city, county, or city and county
in which the organization is located maintained official records of
the net revenues generated for the fiscal year ending June 30, 2008,
by the organization from the use of electronic devices or the
organization maintained audited financial records for the fiscal year
ending June 30, 2008, which show the net revenues generated from the
use of electronic devices.
   (2) In addition, an organization applying for mitigation payments
shall provide proof that its board of directors has adopted a
resolution and its chief executive officer has signed a statement
executed under penalty of perjury stating that, as of January 1,
2009, the organization has ceased using electronic devices other than
card-minding devices, as described in subdivision (p) of Section
326.5, as a fundraising tool.
   (3) Each eligible organization may apply to the California
Gambling Control Commission no later than January 31, 2009, for the
mitigation payments in the amount equal to net revenues from the
fiscal year ending June 30, 2008, by filing an application, including
therewith documents and other proof of eligibility, including any
and all financial records documenting the organization's net revenues
for the fiscal year ending June 30, 2008, as the California Gambling
Control Commission may require. The California Gambling Control
Commission is authorized to access and examine the financial records
of charities requesting funding in order to confirm the legitimacy of
the request for funding. In the event that the total of those
requests exceeds five million dollars ($5,000,000), payments to all
eligible applicants shall be reduced in proportion to each requesting
organization's reported or audited net revenues from the operation
of electronic devices.

326.45.  Up to five hundred thousand dollars ($500,000), as
determined by order of the Director of Finance, is hereby
appropriated from the California Bingo Fund to the California
Gambling Control Commission for use in the 2008-09 fiscal year for
the purposes described in subparagraph (C) of paragraph (3) of
subdivision (q) of Section 326.3.

326.5.  (a) Neither the prohibition on gambling in this chapter nor
in Chapter 10 (commencing with Section 330) applies to any bingo game
that is conducted in a city, county, or city and county pursuant to
an ordinance enacted under Section 19 of Article IV of the State
Constitution, if the ordinance allows games to be conducted only in
accordance with this section and only by organizations exempted from
the payment of the bank and corporation tax by Sections 23701a,
23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w, and 23701l of
the Revenue and Taxation Code and by mobilehome park associations,
senior citizens organizations, and charitable organizations
affiliated with a school district; and if the receipts of those games
are used only for charitable purposes.
   (b) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any bingo game authorized by Section 19 of
Article IV of the State Constitution. Security personnel employed by
the organization conducting the bingo game may be paid from the
revenues of bingo games, as provided in subdivisions (j) and (k).
   (c) A violation of subdivision (b) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine is deposited
in the general fund of the city, county, or city and county that
enacted the ordinance authorizing the bingo game. A violation of any
provision of this section, other than subdivision (b), is a
misdemeanor.
   (d) The city, county, or city and county that enacted the
ordinance authorizing the bingo game may bring an action to enjoin a
violation of this section.
   (e) No minors shall be allowed to participate in any bingo game.
   (f) An organization authorized to conduct bingo games pursuant to
subdivision (a) shall conduct a bingo game only on property owned or
leased by it, or property whose use is donated to the organization,
and which property is used by that organization for an office or for
performance of the purposes for which the organization is organized.
Nothing in this subdivision shall be construed to require that the
property owned or leased by, or whose use is donated to, the
organization be used or leased exclusively by, or donated exclusively
to, that organization.
   (g) All bingo games shall be open to the public, not just to the
members of the authorized organization.
   (h) A bingo game shall be operated and staffed only by members of
the authorized organization that organized it. Those members shall
not receive a profit, wage, or salary from any bingo game. Only the
organization authorized to conduct a bingo game shall operate such a
game, or participate in the promotion, supervision, or any other
phase of a bingo game. This subdivision does not preclude the
employment of security personnel who are not members of the
authorized organization at a bingo game by the organization
conducting the game.
   (i) No individual, corporation, partnership, or other legal
entity, except the organization authorized to conduct a bingo game,
shall hold a financial interest in the conduct of a bingo game.
   (j) With respect to organizations exempt from payment of the bank
and corporation tax by Section 23701d of the Revenue and Taxation
Code, all profits derived from a bingo game shall be kept in a
special fund or account and shall not be commingled with any other
fund or account. Those profits shall be used only for charitable
purposes.
   (k) With respect to other organizations authorized to conduct
bingo games pursuant to this section, all proceeds derived from a
bingo game shall be kept in a special fund or account and shall not
be commingled with any other fund or account. Proceeds are the
receipts of bingo games conducted by organizations not within
subdivision (j). Those proceeds shall be used only for charitable
purposes, except as follows:
   (1) The proceeds may be used for prizes.
   (2) (A) Except as provided in subparagraph (B), a portion of the
proceeds, not to exceed 20 percent of the proceeds before the
deduction for prizes, or two thousand dollars ($2,000) per month,
whichever is less, may be used for the rental of property and for
overhead, including the purchase of bingo equipment, administrative
expenses, security equipment, and security personnel.
   (B) For the purposes of bingo games conducted by the Lake Elsinore
Elks Lodge, a portion of the proceeds, not to exceed 20 percent of
the proceeds before the deduction for prizes, or three thousand
dollars ($3,000) per month, whichever is less, may be used for the
rental of property and for overhead, including the purchase of bingo
equipment, administrative expenses, security equipment, and security
personnel. Any amount of the proceeds that is additional to that
permitted under subparagraph (A), up to one thousand dollars
($1,000), shall be used for the purpose of financing the rebuilding
of the facility and the replacement of equipment that was destroyed
by fire in 2007. The exception to subparagraph (A) that is provided
by this subparagraph shall remain in effect only until the cost of
rebuilding the facility is repaid, or January 1, 2019, whichever
occurs first.
   (3) The proceeds may be used to pay license fees.
   (4) A city, county, or city and county that enacts an ordinance
permitting bingo games may specify in the ordinance that if the
monthly gross receipts from bingo games of an organization within
this subdivision exceed five thousand dollars ($5,000), a minimum
percentage of the proceeds shall be used only for charitable purposes
not relating to the conducting of bingo games and that the balance
shall be used for prizes, rental of property, overhead,
administrative expenses, and payment of license fees. The amount of
proceeds used for rental of property, overhead, and administrative
expenses is subject to the limitations specified in paragraph (2).
   (l) (1) A city, county, or city and county may impose a license
fee on each organization that it authorizes to conduct bingo games.
The fee, whether for the initial license or renewal, shall not exceed
fifty dollars ($50) annually, except as provided in paragraph (2).
If an application for a license is denied, one-half of any license
fee paid shall be refunded to the organization.
   (2) In lieu of the license fee permitted under paragraph (1), a
city, county, or city and county may impose a license fee of fifty
dollars ($50) paid upon application. If an application for a license
is denied, one-half of the application fee shall be refunded to the
organization. An additional fee for law enforcement and public safety
costs incurred by the city, county, or city and county that are
directly related to bingo activities may be imposed and shall be
collected monthly by the city, county, or city and county issuing the
license; however, the fee shall not exceed the actual costs incurred
in providing the service.
   (m) No person shall be allowed to participate in a bingo game,
unless the person is physically present at the time and place where
the bingo game is being conducted.
   (n) The total value of prizes available to be awarded during the
conduct of any bingo games shall not exceed five hundred dollars
($500) in cash or kind, or both, for each separate game which is
held.
   (o) As used in this section, "bingo" means a game of chance in
which prizes are awarded on the basis of designated numbers or
symbols that are marked or covered by the player on a tangible card
in the player's possession and that conform to numbers or symbols,
selected at random and announced by a live caller. Notwithstanding
Section 330c, as used in this section, the game of bingo includes
tangible cards having numbers or symbols that are concealed and
preprinted in a manner providing for distribution of prizes.
Electronics or video displays shall not be used in connection with
the game of bingo, except in connection with the caller's drawing of
numbers or symbols and the public display of that drawing, and except
as provided in subdivision (p). The winning cards shall not be known
prior to the game by any person participating in the playing or
operation of the bingo game. All preprinted cards shall bear the
legend, "for sale or use only in a bingo game authorized under
California law and pursuant to local ordinance." Only a covered or
marked tangible card possessed by a player and presented to an
attendant may be used to claim a prize. It is the intention of the
Legislature that bingo as defined in this subdivision applies
exclusively to this section and shall not be applied in the
construction or enforcement of any other provision of law.
   (p) (1) Players who are physically present at a bingo game may use
hand-held, portable card-minding devices, as described in this
subdivision, to assist in monitoring the numbers or symbols announced
by a live caller as those numbers or symbols are called in a live
game. Card-minding devices may not be used in connection with any
game where a bingo card may be sold or distributed after the start of
the ball draw for that game. A card-minding device shall do all of
the following:
   (A) Be capable of storing in the memory of the device bingo faces
of tangible cards purchased by a player.
   (B) Provide a means for bingo players to input manually each
individual number or symbol announced by a live caller.
   (C) Compare the numbers or symbols entered by the player to the
bingo faces previously stored in the memory of the device.
   (D) Identify winning bingo patterns that exist on the stored bingo
faces.
   (2) A card-minding device shall perform no functions involving the
play of the game other than those described in paragraph (1).
Card-minding devices shall not do any of the following:
   (A) Be capable of accepting or dispensing any coins, currency, or
other representative of value or on which value has been encoded.
   (B) Be capable of monitoring any bingo card face other than the
faces of the tangible bingo card or cards purchased by the player for
that game.
   (C) Display or represent the game result through any means,
including, but not limited to, video or mechanical reels or other
slot machine or casino game themes, other than highlighting the
winning numbers or symbols marked or covered on the tangible bingo
cards or giving an audio alert that the player's card has a
prize-winning pattern.
   (D) Determine the outcome of any game or be physically or
electronically connected to any component that determines the outcome
of a game or to any other bingo equipment, including, but not
limited to, the ball call station, or to any other card-minding
device. No other player-operated or player-activated electronic or
electromechanical device or equipment is permitted to be used in
connection with a bingo game.
   (3) (A) A card-minding device shall be approved in advance by the
commission as meeting the requirements of this section and any
additional requirements stated in regulations adopted by the
commission. Any proposed material change to the device, including any
change to the software used by the device, shall be submitted to the
commission and approved by the commission prior to implementation.
   (B) In accordance with Chapter 5 (commencing with Section 19800)
of Division 8 of the Business and Professions Code, the commission
shall establish reasonable criteria for, and require the licensure
of, any person that directly or indirectly manufactures, distributes,
supplies, vends, leases, or otherwise provides card-minding devices
or other supplies, equipment, or services related to card-minding
devices designed for use in the playing of bingo games by any
nonprofit organization.
   (C) A person or entity that supplies or services any card-minding
device shall meet all licensing requirements established by the
commission in regulations.
   (4) The costs of any testing, certification, license, or
determination required by this subdivision shall be borne by the
person or entity seeking it.
   (5) On and after January 1, 2010, the commission and the
Department of Justice may inspect all card-minding devices at any
time without notice, and may immediately prohibit the use of any
device that does not comply with the requirements of subdivision (r)
of Section 19841 of the Business and Professions Code. The Department
of Justice may at any time, without notice, impound any device the
use of which has been prohibited by the commission.
   (6) The California Gambling Control Commission shall issue
regulations to implement the requirements of this subdivision and may
issue regulations regarding the means by which the operator of a
bingo game, as required by applicable law, may offer assistance to a
player with disabilities in order to enable that player to
participate in a bingo game, provided that the means of providing
that assistance shall not be through any electronic,
electromechanical, or other device or equipment that accepts the
insertion of any coin, currency, token, credit card, or other means
of transmitting value, and does not constitute or is not a part of a
system that constitutes a video lottery terminal, slot machine, or
device prohibited by Chapter 10 (commencing with Section 330).
   (7) The following definitions apply for purposes of this
subdivision:
   (A) "Commission" means the California Gambling Control Commission.
   (B) "Person" includes a natural person, corporation, limited
liability company, partnership, trust, joint venture, association, or
any other business organization.

327.  Every person who contrives, prepares, sets up, proposes, or
operates any endless chain is guilty of a public offense, and is
punishable by imprisonment in the county jail not exceeding one year
or in state prison for 16 months, two, or three years.
   As used in this section, an "endless chain" means any scheme for
the disposal or distribution of property whereby a participant pays a
valuable consideration for the chance to receive compensation for
introducing one or more additional persons into participation in the
scheme or for the chance to receive compensation when a person
introduced by the participant introduces a new participant.
Compensation, as used in this section, does not mean or include
payment based upon sales made to persons who are not participants in
the scheme and who are not purchasing in order to participate in the
scheme.

328.  Nothing in this chapter shall make unlawful the printing or
other production of any advertisements for, or any ticket, chance, or
share in a lottery conducted in any other state or nation where such
lottery is not prohibited by the laws of such state or nation; or
the sale of such materials by the manufacturer thereof to any person
or entity conducting or participating in the conduct of such a
lottery in any such state or nation. This section does not authorize
any advertisement within California relating to lotteries, or the
sale or resale within California of lottery tickets, chances, or
shares to individuals, or acts otherwise in violation of any laws of
the state.

329.  Upon a trial for the violation of any of the provisions of
this chapter, it is not necessary to prove the existence of any
lottery in which any lottery ticket purports to have been issued, or
to prove the actual signing of any such ticket or share, or pretended
ticket or share, of any pretended lottery, nor that any lottery
ticket, share, or interest was signed or issued by the authority of
any manager, or of any person assuming to have authority as manager;
but in all cases proof of the sale, furnishing, bartering, or
procuring of any ticket, share, or interest therein, or of any
instrument purporting to be a ticket, or part or share of any such
ticket, is evidence that such share or interest was signed and issued
according to the purport thereof.


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