Minutes of January 23, 2014 Commission Meeting
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California Gambling Control Commission 2399 GATEWAY OAKS DRIVE, SUITE 220 SACRAMENTO, CA 95833 (916) 263-0700 FAX (916) 263-0499 www.cgcc.ca.gov MINUTES OF JANUARY 23, 2014 COMMISSION MEETING OPEN SESSION 1. Call to Order and Pledge of Allegiance. Chairman Lopes called the meeting to order at 10:00 a.m., and asked everyone to stand for the Pledge of Allegiance. 2. Roll Call of Commissioners. Roll Call of Commissioners was taken, with Chairman Richard Lopes and Commissioners Tiffany Conklin, Lauren Hammond and Richard Schuetz present. Chairman Lopes introduced and welcomed newly hired employee Todd Vlaanderen, Chief Legal Counsel, to the California Gambling Control Commission. Chairman Lopes also thanked Paras Modha, for his excellent work as Acting Chief Legal Counsel. 3. Approval of Commission Meeting Minutes for: December 12, 2013 Action: Upon motion of Commissioner Conklin, seconded by Commissioner Hammond and unanimously carried in a vote by roll call with Chairman Lopes and Commissioners Conklin, Hammond and Schuetz voting yes, the Commission approved the minutes for the December 12, 2013 Commission Meeting. By concurrence of the Commissioners, item 7.A., Certified Network M, Inc. – Denny Nuon, was removed from the Agenda as he is no longer employed with the company. In addition, Consent Calendar Item 12.H, Eagle Mountain Casino - Landon Quiram and Item 12.K, Jackson Rancheria Casino and Hotel - Damien Dinh were removed from the Consent Calendar and heard following item 8. Commission Meeting Minutes of January 23, 2014 4. Applications for Approval of Renewal of State Gambling Licenses (Pursuant to Business and Professions Code sections 19852, 19876; CCR, Title 4 section 12345): A. Cameo Club: Lewis and Lewis, Inc. David and Margaret Lewis Family Trust 1999, Shareholder Margaret Lewis, Trustee, Trustor, Beneficiary Natalie J. Lewis Survivor’s Trust, Shareholder Comments Received From: Robert McCaully Action: Upon motion of Commissioner Schuetz, seconded by Chairman Lopes and unanimously carried in a vote by roll call with Chairman Lopes and Commissioners Conklin, Hammond and Schuetz voting yes, the Commission approved the renewal state gambling license for the licensure period of February 1, 2014 through January 31, 2016 with the conditions noted below: 1. Within sixty (60) days of this approval, Jeri Ross and Robert McCaullay must submit an initial state gambling license application to the Bureau of Gambling Control. 2. No person(s) may receive shares of stock in the Natalie J. Lewis Survivor’s Trust until that person(s) has received a state gambling license by the Commission. B. Golden West Casino: Kern County Associates, L.P. Comments Received From: Stacey Luna – Baxter, Bureau of Gambling Control Action: Upon motion of Chairman Lopes, seconded by Commissioner Conklin and unanimously carried in a vote by roll call with Chairman Lopes and Commissioners Conklin, Hammond and Schuetz voting yes, the Commission approved the renewal state gambling license for the licensure period of February 1, 2014 through January 31, 2016, removing a condition, continuing with an existing condition and adding a new condition as noted below: Removed Condition: 1. Shirley Thomas, Trustor and Trustee of the John and Shirley Thomas Family Trust, may not take part in the management or control of Golden West Casino operations. Existing Condition: 2. Barbara Daniels may not receive shares from John B. and Margaret F. Antonino Living Trust of 1981’s percentage of interest of JL2D, Inc., until she has been licensed by the Commission as a Trustee/Beneficiary. Page 2 of 10 Commission Meeting Minutes of January 23, 2014 New Condition: 3. Dennis Thomas, Steven Thomas, and Joanne Taratusky shall not take part in the management or control of Golden West Casino operations, or participate in revenues, unless and until they are approved for a State Gambling License by the Commission as shareholders of JLJ2D, Inc. C. The 101 Casino: Cal-Pac Sonoma, LLC John Park, Member Comments Received From: Mike Vasey Stacey Luna-Baxter, Bureau of Gambling Control Action: Upon motion of Commissioner Hammond, seconded by Commissioner Conklin and unanimously carried in a vote by roll call with Chairman Lopes and Commissioners Conklin, Hammond and Schuetz voting yes, the Commission extended the renewal state gambling license for a 90-day period valid through April 30, 2014 to evaluate Mike Vasey’s role in the company and what services Fortiss provides. 5. Application for Approval of Initial Key Employee Portable Personal Licenses (Pursuant to Business and Professions Code section 19854; CCR Title 4, section 12350): Judith Hance Action: Upon motion of Commissioner Conklin, seconded by Commissioner Hammond and unanimously carried in a vote by roll call with Chairman Lopes and Commissioners Conklin, Hammond and Schuetz voting yes, the Commission approved the initial key employee license application valid through January 31, 2016. 6. Application for Approval of Renewal Key Employee Portable Personal License (Pursuant to Business and Professions Code section 19854; CCR Title 4, section 12351): Michael Stan Comments Received From: Michael Stan, via telephone Mike Vasey Stacey Luna-Baxter, Bureau of Gambling Control Action: Upon motion of Commissioner Hammond, seconded by Commissioner Conklin and carried in a vote by roll call with Chairman Lopes and Commissioners Conklin and Hammond voting yes and Commissioner Schuetz voting no, the Commission approved the renewal key employee license application valid through November 30, 2015. Page 3 of 10 Commission Meeting Minutes of January 23, 2014 7. Applications for Approval of Conversion of Third-Party Providers of Proposition Player Services /Gambling Business Supervisor/Player Registrations to Licenses (Pursuant to Business and Professions Code section 19984; CCR, Title 4, sections 12218 and 12233): A. Certified Network M, Inc.: Player: Denny Nuon – Removed from Agenda B. Certified Players, Inc.: Player: Andrew Rodriguez C. Premier Player Providers, Inc.: Supervisor: Tricia Bentley D. PT Gaming, LLC: Players: Alis Cortez Robert Reisinger Deja Robertson Christopher Romero Kathy Saechao Action: Upon motion of Commissioner Hammond, seconded by Chairman Lopes and unanimously carried in a vote by roll call with Chairman Lopes and Commissioners Conklin, Hammond and Schuetz voting yes, the Commission approved the conversion applications valid through January 31, 2016. 8. Application for Approval of Renewal of Third Party Provider of Proposition Services/Gambling Business Licenses (Pursuant to Business and Professions Code section 19984; CCR, Title 4, sections 12218.8 and 12238): Banc, LLC: Supervisor: William Phung Comments Received From: William Phung, via telephone Action: Upon motion of Chairman Lopes, seconded by Commissioner Conklin and unanimously carried in a vote by roll call with Chairman Lopes and Commissioners Conklin, Hammond and Schuetz voting yes, the Commission approved the renewal third party proposition player license application valid through January 31, 2016, removing the existing condition noted below: Beginning March 1, 2012 and every 180 days thereafter, Mr. Phung must submit to the Commission a written update concerning the issue of the outstanding delinquent accounts currently in collections. Removed From Consent Calendar: 12. Applications for Approval of Initial Tribal-State Compact Key Employee Findings of Suitability (Pursuant to the Tribal –State Gaming Compact, section 6.4.4.): H. Eagle Mountain Casino – Tule River Reservation: Landon Quiram Page 4 of 10 Commission Meeting Minutes of January 23, 2014 Comments Received From: Landon Quiram, via telephone Aisha Martin-Walton, Bureau of Gambling Control Stacey Luna-Baxter, Bureau of Gambling Control No action was taken by the Commission with the understanding that the Bureau of Gambling Control will provide additional information to the Commission regarding Mr. Quiram’s conviction. K. Jackson Rancheria Casino and Hotel – Jackson Rancheria of Me-Wuk Indians: Damien Dinh Comments Received From: Damien Dinh, via telephone Action: Upon motion of Chairman Lopes, seconded by Commissioner Hammond and unanimously carried in a vote by roll call with Chairman Lopes and Commissioners Conklin, Hammond and Schuetz voting yes, the Commission approved the initial finding of suitability application for valid through June 15, 2014. 9. Revenue Sharing Trust Fund Final Report for Distribution to Eligible Recipient Indian Tribes for Quarter Ending December 31, 2013–Quarterly License Revenue Received and Shortfall Action: Upon motion of Commissioner Hammond, seconded by Commissioner Conklin and unanimously carried in a vote by roll call with Chairman Lopes and Commissioners Conklin, Hammond and Schuetz voting yes, the Commission approved distribution of funds to the eligible tribes as listed in the Revenue Sharing Trust Fund Report and that the allocation of California Valley Miwok Tribe be withheld pending resolution by the Federal government of the tribal leadership dispute and the allocation for Iipay Nation of Santa Ysabel be withheld pending receipt of Stipulation. Public Comment: Ira Bibbero CONSENT CALENDAR ITEMS: 10. Application for Approval of Renewal Key Employee Portable Personal License (Pursuant to Business and Professions Code section 19854; CCR Title 4, section 12351): Jai Saechao 11. Application for Approval of Renewal of Third Party Providers of Proposition Player Services/Gambling Business Supervisor/Player Licenses (Pursuant to Business and Professions Code section