Lucky Chances, Inc. v. Cal. Gambling Control Com.

I. BACKGROUND

In enacting the Gambling Control Act (the Act) (§ 19800 et seq.) the Legislature declared as follows: “Public trust that permissible gambling will not endanger public health, safety, or welfare requires that comprehensive measures be enacted to ensure that gambling is free from criminal and corruptive elements, that it is conducted honestly and competitively, and that it is conducted in suitable locations.” (§ 19801, subd. (g).) Further, “[a]ll gambling operations, all persons having a significant involvement in gambling operations, [and] all establishments where gambling is conducted . . . must be licensed and regulated to protect the public health, safety, and general welfare of the residents of this state as an exercise of the police powers of the state.” (Id., subd. (i).) Because the Act is an exercise of the police power of the state, it “shall be liberally construed to effectuate those purposes.” (§ 19971.) Lucky Chances Casino is a 60-table card room in Colma (License No. GEGE- 001108). Lucky Chances Casino contains a restaurant and administrative, accounting, and human resources offices, all located off of the gambling floor. The Act requires the owner of a…