California CodesBusiness and Professions Code - BPCDivision 8 — Special Business RegulationsChapter 5 — The Gambling Control ActArticle 11 — PenaltiesSection 19943.5
If a gambling enterprise conducts play of a controlled game that has been approved by the department pursuant to Section 19826, and the controlled game is subsequently found to be unlawful, so long as the game was played in the manner approved, the approval by the department shall be an absolute defense to any criminal, administrative, or civil action that may be brought, provided that the game is played during the time for which it was approved by the department and the gambling enterprise ceases play upon notice that the game has been found unlawful. In any enforcement action, the gambling enterprise shall have the burden of proving the department approved the controlled game and that the game was played in the manner approved.
Notes
Establishes department approval of a controlled game later found unlawful as an absolute defense to criminal, administrative, or civil action if the game was played in the approved manner and during the approved period and play stops upon notice of unlawfulness. Places on the gambling enterprise the burden to prove both department approval and play in the approved manner.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 19943.5 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-8/chapter-5/article-11/section-19943-5