Sutter’s Place v. Cal. Gambling Control Com. CA1
The California Gambling Control Commission denied the application of Sutter’s Place, Inc. (Sutter) to increase the number of gaming tables it could have in a cardroom it operates in the city of San José. The Commission denied Sutter’s application because it believed the requested increase exceeded the number of tables permitted by the Gambling Control Act. (Bus. & Prof. Code, § 19800 et seq. ) Sutter petitioned for a writ of mandate directing the Commission to set aside its decision. The trial court denied the petition.
There are no disputed facts. The sole issue is one of law, specifically the interplay of state statutes and municipal ordinances. The parties correctly agree that in these circumstances our review is de novo. (Weatherford v. City of San Rafael (2017) 2 Cal.5th 1241 1246-1247; Bruns v. E-Commerce Exchange, Inc. (2011) 51 Cal.4th 717, 724.)
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