Sutter's Place, Inc. v. Cal. Gambling Control Com.

I. BACKGROUND

A. The GCA and Its Limits on Local Expansions of Gambling As the parties note, the cardroom that Sutter operates (Bay 101 Casino) is one of two licensed cardrooms in San Jose. (See Sutter’s Place I, supra, A163287; see also S.J. Mun. Code, § 16.04.020, subd. (B) [authorizing

2 As we discuss further below, this is not Sutter’s first appeal arising

from its effort to add card tables. In an earlier appeal, Division Two of this court, in an unpublished opinion, affirmed the trial court’s denial of a writ petition that Sutter filed after the Commission denied its prior application to add tables. (Sutter’s Place, Inc. v. California Gambling Control Commission (June 14, 2022, A163287) [nonpub. opn.] (Sutter’s Place I).) We grant Sutter’s unopposed request that we take judicial notice of appellate briefs that were filed in Sutter’s Place I.

2 a maximum of two cardrooms in the city].) Sutter is subject to the GCA and to the regulatory authority of both the Commission and the Department of Justice’s Bureau of Gambling Control (the Bureau). (§§ 19811, 19824, 19826; Swallow v. California Gambling Control Com. (2022) 77 Cal.App.5th 1037, 1041 (Swallow) [responsibilities of…