Section 12480 - Definitions(a) Except as otherwise provided in Section 12002 and subsection (b) of this regulation, the definitions in Business and Professions Code section 19805 and Penal Code sections 326.3 and 326.5(p), shall govern the construction of this chapter.(b) As used in this chapter: (1) "Administrative duties" include activities relating to coordinating all aspects of remote caller bingo games including, but not limited to, planning, organizing, and scheduling with sponsoring and cosponsoring organizations.(2) "Authorized organization" means an organization authorized by the Commission pursuant to Section 12505.(3) "Bingo equipment" includes, but is not limited to, any card-minding device; Point of Sale system for card-minding devices; all network and telecommunications equipment used to communicate from the calling station to card-minding devices; the calling station and all related equipment; the main flashboard and all related equipment, the balls, the verifier, and the game pacer used in the playing of remote caller bingo games.(4) "Caller" means an individual who is present at a host game site and who announces the numbers or symbols from randomly drawn plastic balls.(5) "Distributor" means any person that directly or indirectly distributes; supplies; vends; leases; or otherwise provides card-minding devices for use in this state; including the supplying, repairing, and servicing if authorized by the manufacturer, whether from a location within this state or from a location outside this state.(6) "Employee" means an individual who is paid a reasonable fee for the performance of duties related to the conduct of remote caller bingo games in any of the following categories: (7) "Fiduciary" means an individual who is designated in writing by an authorized organization to manage the finances of the organization's remote caller bingo operation for the benefit of the organization rather than the benefit of the designated individual, exercising the highest level of good faith, loyalty, and diligence.(8) "Financial duties" include, but are not limited to, cashiering, maintaining accounts payable and receivable, payroll processing, and maintenance of financial accounting books and records, on behalf of an organization or a vendor.(9) "Game" is defined as beginning when the first ball or number symbol is called and ends when all succeeding balls or number symbols are returned to the cage or blower and the machine has been cleared. A game may have two or more parts with different winning patterns for each part.(10) "Game pacer" means an electrical or electronic device that is set to a predetermined interval establishing the timing of bingo calls. The game pacer may be a separate device or may be incorporated into the bingo calling station.(11) "Host site" means the location at which the live bingo game is conducted and the transmission of the remote caller bingo game originates.(12) "Interim license" means a license issued by the Commission pursuant to Section 12492 or Section 12500 that allows the following: (A) A fiduciary or caller of an authorized organization, or a vendor to conduct remote caller bingo games; or(B) An owner-licensee of a manufacturing, distributing, or vending business to provide remote caller bingo equipment, supplies, and services or card-minding devices in this state.(13) "Managerial duties" include, but are not limited to, oversight of the conduct of the game and the supervision of the employees, members, and patrons at any remote caller bingo game site.(14) "Manufacturer" means any person that directly or indirectly does one or a combination of the following: (A) Manufactures, distributes, supplies, vends, leases, or otherwise provides bingo equipment or supplies used in a remote caller bingo game.(B) Manufactures, distributes, supplies, vends, leases, or otherwise provides card-minding devices, including the assembly, production, programming, or modification of card-minding devices, in this state or for use in this state.(C) Performs any of the functions listed in subparagraphs (A) or (B) in a location outside of this state, with respect to remote caller bingo equipment and supplies or card-minding devices intended for operation in this state.(15) "Member" means an individual who belongs to an authorized organization and assists with the conduct of remote caller bingo games.(16) "Net receipts" means the total revenue from all activities connected with participation in a game of remote caller bingo after costs and expenses are deducted.(17) "Organization" means an organization that is exempt from the payment of the bank and corporation tax by Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue and Taxation Code; a mobile home park association; a senior citizens organization; or a charitable organization affiliated with a school district.(18) "Owner" means an individual, corporation, limited liability company, partnership, trust, joint venture, association, or any other entity that has 10 percent or more interest in or has the power to exercise significant influence over a manufacturing, distributing, or vending business and is endorsed on the license certificate issued to the owner-licensee.(19) "Owner-licensee" means an individual, corporation, limited liability company, partnership, trust, joint venture, association, or any other owner of a manufacturing, distributing, or vending business that holds an interim or regular license issued by the Commission.(20) "Point of sale system" means a financial interface software system used to track transactions involving card-minding devices and customer accounts.(21) "Profit" means the gross receipts collected from one or more bingo games, less reasonable sums necessarily and actually expended for prizes, licensing fees, overhead costs, and other allowable expenses.(22) "Record" includes, but is not limited to, ledgers and accounts relating to inventory, proceeds, expenditures, and the distribution of all profits derived from remote caller bingo games.(23) "Regular license" means a license issued by the Commission pursuant to the provisions of Section 12492, Section 12500, section 326.3(q)(1) of the Penal Code, and any specific additional licensing criteria established by the Commission in regulation.(24) "Remote caller bingo equipment" includes, in addition to the equipment specified in paragraph (3), all network, video, audio and telecommunications equipment used for the purpose of transmitting the play of a bingo game from a host site to one or more satellite sites.(25) "Satellite site" means the location at which the transmission of the live bingo game from a host site is received.(26) "Security duties" include, but are not limited to, physically safeguarding the authorized organization's patrons, staff, assets, and property, including the site's surrounding area and parking facility.(27) "Site" means the property owned or leased by an authorized organization, or property whose use is donated to an authorized organization and which property is used by that authorized organization for performance of the charitable purpose for which the organization was formed.(28) "Site manager" means an individual who is physically present at a remoter caller bingo game site and is the primary person responsible for the game conduct, staff, and patrons present at the site and obtaining the declared winner's identifying information and mailing address.(29) "Sponsor" means an authorized organization conducting remote caller bingo games, which has met the requirements of section 326.3(b)(1) of the Penal Code.(30) "Technical duties" include, but are not limited to, providing expertise related to the maintenance, repair and operation of remote caller bingo equipment.(31) "Vendor" means, for purposes of section 326.3 of the Penal Code, a person that directly or indirectly provides equipment, supplies, or services to an authorized organization for use in remote caller bingo games, including management companies that have a written agreement with an organization to assist with or conduct remote caller bingo games.(32) "Volunteer" means a member of an organization that assists with the conduct of remote caller bingo games and is not compensated for the performance of their duties and does not benefit financially from the conduct of remote caller bingo games.(33) "Work permit" means a card, certificate, or permit issued by the Commission pursuant to Section 12503 or by a county, city, or city and county, that authorizes the holder to be employed by a vendor or an authorized organization to conduct remote caller bingo games in the following categories: Cal. Code Regs. Tit. 4, § 12480
1. Renumbering of former article 1 to new article 2 and new article 1 (section 12480) and section filed 4-24-2009 as an emergency; operative 4-24-2009 (Register 2009, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-21-2009 or emergency language will be repealed by operation of law on the following day.
2. Amendment filed 5-18-2009 deemed an emergency by the Legislature pursuant to Business and Professions Code section 19850.6; operative 5-18-2009 (Register 2009, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-16-2009 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance due date for 4-24-2009 and 5-18-2009 emergency filings extended on 10-11-2009 pursuant to Business and Professions Code section 19850.6(c); Certificate of Compliance as to 4-24-2009 and 5-18-2009 orders, including further amendments, timely transmitted to OAL on 9-22-2010 and filed 11-2-2010 (Register 2010, No. 45).
4. Change without regulatory effect amending subsections (a)(14)(A), (a)(18) and (a)(30)(A) filed 6-3-2013 pursuant to section 100, title 1, California Code of Regulations; operative 7-1-2013 in accordance with Governor's Reorganization Plan No. 2 of 2012 (Register 2013, No. 23).
5. Change without regulatory effect amending section and NOTE filed 12-4-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 49). Note: Authority cited: Section 19850.5, Business and Professions Code; and Section 326.3, Penal Code. Reference: Section 19850.5, Business and Professions Code; and Section 326.3, Penal Code.
1. Renumbering of former article 1 to new article 2 and new article 1 (section 12480) and section filed 4-24-2009 as an emergency; operative 4-24-2009 (Register 2009, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-21-2009 or emergency language will be repealed by operation of law on the following day.
2. Amendment filed 5-18-2009 deemed an emergency by the Legislature pursuant to Business and Professions Code section 19850.6; operative 5-18-2009 (Register 2009, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-16-2009 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance due date for 4-24-2009 and 5-18-2009 emergency filings extended on 10-11-2009 pursuant to Business and Professions Code section 19850.6(c); Certificate of Compliance as to 4-24-2009 and 5-18-2009 orders, including further amendments, timely transmitted to OAL on 9-22-2010 and filed 11-2-2010 (Register 2010, No. 45).
4. Change without regulatory effect amending subsections (a)(14)(A), (a)(18) and (a)(30)(A) filed 6-3-2013 pursuant to section 100, title 1, California Code of Regulations; operative 7-1-2013 in accordance with Governor's Reorganization Plan No. 2 of 2012 (Register 2013, No. 23).
5. Change without regulatory effect amending section and Note filed 12-4-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 49).