1. (a) Except as provided in Section 12310, and after December 31, 2002, no person may manufacture or distribute gambling equipment unless that person has a currently valid registration as a manufacturer or distributor issued in accordance with this chapter.

2. (b) Each manufacturer or distributor shall apply for registration with the Bureau, using the form required by Section 12309. Any manufacturer or distributor in business on the effective date of this chapter shall submit an application for registration to the Bureau within 30 days of the effective date of this chapter. An application for registration shall include all of the following:

   1. (1) The applicant's name, Federal Employer Identification Number, if any, or Social Security Number, voice telephone number, facsimile telephone number, and address of its principal place of business and of each location in this state at which it conducts the business of manufacture or distribution of gambling equipment or gambling equipment parts, including a list of its storage facilities. For purposes of this paragraph, a vehicle used for storage or distribution of gambling equipment parts shall be deemed to be located at the address in this state where customarily garaged or kept when not in use.
   2. (2) A statement specifying in which activities the applicant engages with respect to gambling equipment located, operated, or to be operated in this state, including, as applicable, manufacturing, distributing, selling, leasing, inspecting, testing, repairing, refurbishing, or storing.
   3. (3) Whether the application is for registration as a class A or as a class B manufacturer or distributor.
   4. (4) If the applicant is a business entity, the name, mailing address, voice telephone number, and facsimile telephone number, if any, of its chief executive officer, or other person designated by the entity to serve as the entity's representative.
   5. (5) If the principal place of business of the applicant is located outside of this state, the applicant shall provide a copy or other evidence of current licensure in the jurisdiction in which it is located to manufacture or distribute gambling equipment, or shall submit a statement that licensure is not required by the jurisdiction in which it is located.
   6. (6) A copy of the applicant's current registration with the United States Attorney General pursuant to the Gambling Devices Act of 1962, 15 United States Code section 1173, if the applicant is so registered. If the applicant is not so registered, the application shall include a statement that the applicant is not required to register under the Gambling Devices Act of 1962, Title 15 United States Code section 1173.
   7. (7) Whether the manufacturer or distributor has currently designated an agent for service of process pursuant to the laws of this state by a filing with the Secretary of State and, if so, the name of the designated agent for service of process.
   8. (8) A statement that the application is accurate and complete within the personal knowledge of the designated representative who executes the application.

   9. (9) A declaration under penalty of perjury in the form specified in Section 2015.5 of the Code of Civil Procedure signed by the designated representative that the application is true and correct.

      1. (B) The nonrefundable annual application fee for a manufacturer or distributor applying for class A registration that sells, leases, inspects, tests, repairs, refurbishes, or stores only slot machines or devices that are “antique slot machines” within the meaning of Penal Code section 330.7 will be as specified in paragraph (2) of subsection (c) of Section 12309, provided that this subparagraph does not apply to a person that is otherwise a manufacturer or distributor or who is an antique collector exempt from registration under Section 12301.1.

      (10)(A) Except as provided in subparagraph (B) of this paragraph, for class A registration, a nonrefundable application fee as specified in paragraph (1) of subsection (c) of Section 12309 must be submitted with the application for initial registration, and annually thereafter with each application for renewal at least 30 calendar days prior to the anniversary date of initial registration. For class B registration, no fee will be required for initial registration or renewal. Applications for renewal of class B registration must be submitted annually at least 30 calendar days prior to the anniversary date of initial registration.

Note: Authority cited: Sections 19823, 19824, 19840, 19841(r) and 19951(a), Business and Professions Code. Reference: Sections 19805(b), 19841(r) and 19951(a), Business and Professions Code; Section 2015.5, Code of Civil Procedure; Section 330.8, Penal Code; and Chapter 24 (commencing with Section 1171) of Title 15 of the United States Code.

History

1. New section filed 10-7-2002 as an emergency; operative 10-7-2002 (Register 2002, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.

2. Amendment of section and Note filed 12-5-2002 as an emergency; operative 12-5-2002 (Register 2002, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-4-2003 or emergency language will be repealed by operation of law on the following day.

3. New section, including 12-5-2002 amendments and further amendment of Note, refiled 1-27-2003 as an emergency; operative 1-27-2003 (Register 2003, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-2003 or emergency language will be repealed by operation of law on the following day.

4. New section refiled 5-22-2003 as an emergency, including redesignation and amendment of former subsection (b)(10) to new subsection (b)(10)(A) and new subsection (b)(10)(B); operative 5-22-2003 (Register 2003, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-19-2003 or emergency language will be repealed by operation of law on the following day.

5. New section refiled 9-8-2003 as an emergency, including further amendment of subsection (b)(10)(B); operative 9-8-2003 (Register 2003, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-6-2004 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 9-8-2003 order, including amendment of subsections (b)(8) and (b)(10)(B), transmitted to OAL 1-6-2004 and filed 2-20-2004 (Register 2004, No. 8).

7. Change without regulatory effect amending subsections (a) and (b)(10)(A)-(B) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

8. Amendment of subsections (b)(10)(A)-(B) and amendment of Note filed 10-3-2008; operative 11-2-2008 (Register 2008, No. 40).

9. Change without regulatory effect amending subsections (a) and (b) 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).

10. Amendment of subsections (b)(10)(A)-(B) filed 12-12-2020; operative 1-1-2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.