BILL NUMBER: AB 360 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jerome Horton
FEBRUARY 14, 2003
An act to amend Section 330b of the Penal Code, relating to
gaming.
LEGISLATIVE COUNSEL'S DIGEST
AB 360, as introduced, Jerome Horton. Slot machines or devices.
Existing law prohibits possession and sale of slot machines or
devices, except in limited instances.
This bill would create an exception to this prohibition for
manufacturers that are licensed pursuant to tribal-state gaming
compacts and that satisfy specified conditions. The bill would also
make various technical, nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 330b of the Penal Code is amended to read:
330b. Possession or keeping of slot machines or devices.
(1) It is unlawful for any person to manufacture, repair, own,
store, possess, sell, rent, lease, let on shares, lend or give away,
transport, or expose for sale or lease, or to offer to repair, sell,
rent, lease, let on shares, lend or give away, or to
permit the operation , placement, maintenance, or
keeping of, or for any person to permit to be placed,
maintained or kept in any place, room, space ,
or building owned, leased , or occupied by him or
under his management or control , managed, or
controlled by that person , any slot machine or device ,
as hereinafter defined , or
in this section.
(2) It is unlawful for any person to make or to permit
to be made with any person any the making of
an agreement with reference to another
person regarding any slot machine or device, as
hereinafter defined, pursuant to by which the
user thereof of the slot machine or device
, as a result of any the element
of hazard or chance or other unpredictable outcome
unpredictable by him , may become entitled to
receive any money, credit, allowance, or
other thing of value or additional chance or right to use
such the slot machine or device, or to
receive any check, slug, token , or memorandum entitling
the holder to receive any money, credit, allowance
, or other thing of value ; provided,
however, that this section, insofar as it relates to owning,
storing, possessing, or transporting any slot machine or device as
hereinafter defined, shall not apply to .
(3) The limitations of paragraphs (1) and (2) do not apply in the
following instances:
(A) To any slot machine or device as hereinafter
defined, located upon or being transported by any vessel
regularly operated and engaged in interstate or foreign commerce, so
long as such the slot machine or device
is located in a locked compartment of the vessel, is not accessible
for use , and is not used or operated within the
territorial jurisdiction of this state.
(2) Any machine, apparatus, or device is a slot machine or device
within the provisions
(B) To a manufacturer licensed pursuant to the tribal-state gaming
compacts entered into in accordance with the Indian Gaming
Regulatory Act (18 U.S.C. Sec. 1166 to 1168, inclusive, and 25 U.S.C.
Sec. 2701 et seq.) by a tribal gaming agency if the manufacturer's
application for a determination of suitability has been properly
submitted to the State Division of Gambling Control, and has not been
found to be unsuitable by the Division of Gambling Control.
(4) For purposes of this section if it is one
, "slot machine or device" means a machine, apparatus,
or device that is adapted, or may readily be converted
into one that is adapted , for use in such
a way that, as a result of the insertion of any piece of
money or coin or other object, or by any other means, such
the machine or device is caused to operate or
may be operated, and by reason of any element of hazard or chance or
of other outcome of such operation unpredictable
by him or her , the user may receive or become entitled to
receive any piece of money, credit, allowance or thing of value or
additional chance or right to use such the
slot machine or device, or any check, slug, token or
memorandum, whether of value or otherwise, which may be exchanged for
any money, credit, allowance or thing of value, or which may be
given in trade, irrespective of whether it may, apart from any
element of hazard or chance or unpredictable outcome of such
operation, also sell, deliver or present some merchandise,
indication of weight, entertainment or other thing of value.
(3)
(5) Every person who violates this section is guilty of a
misdemeanor.
(4) It is expressly provided that with respect to the provisions
of Section 330b only of this code, pin
(6) Pin ball , and other amusement
machines or devices , which are predominantly games of
skill, whether affording the opportunity of additional chances or
free plays or not, are not intended to be and are not
included within the term slot machine or device ,
as defined in said Section 330b of this
code section .
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