Gambling Legislation

California looks to change what’s legal at its cardrooms

California looks to change what's legal at its cardrooms

California may eliminate blackjack from its legal cardrooms

Proposed draft regulations by the California Bureau of Gambling Control look to prohibit blackjack-style games in California cardrooms. The Bureau of Gambling Control (BGC) issued draft language to change regulations regarding blackjack-style games and the rotation of player-dealer positions at California cardrooms. The BGC draft regulation proclaims that “any game of blackjack shall not be approved for play.”

The proposal is meant to settle a years-long dispute with California Indian tribes on house-banked games at cardrooms in the state. Proposition 1A (2000) gives tribes exclusive rights to offer house-banked games in California. Penal Code 330 forbids other gambling venues from offering games involving a “bank” or “percentage,” particularly blackjack.

The BGC allows California cardrooms offering previously approved blackjack games to continue operating them for one year after the new regulations take effect. It also establishes parameters for California cardrooms to produce an admissible blackjack variation that doesn’t have a “bust” feature or 21 as a target point count. A player will also not win instantly when receiving an ace with a face card or a ten, and ties between the player and dealer must be a win for the player.

Regulations proposed in 2019 were stalled after the pandemic hit, and then-Attorney General Xavier Becerra left to take a position in President Joe Biden’s administration soon after they were released. This latest regulatory process could take years before ultimately ending up in the courts.

Viejas Band of Kumeyaay Indians Attorney General Tuari Bigknife explained to PlayUSA, “It could result in years of regulatory work being completely undone by a judge’s procedural ruling, not to mention it would certainly result in considerable additional time delay as it moved through the courts solely on procedural grounds. In short, we could be here 5-7 years later in the same position.”

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