Chapter 2. Definitions of California Financial Code >> Division 4. >> Chapter 2.
As used in this division:
(a) "Access area" means any paved walkway or sidewalk which is
within 50 feet of an automated teller machine. The term does not
include publicly maintained sidewalks or roads, as defined in Section
555 or Section 527 of the Vehicle Code.
(b) "Access device" shall have the same meaning as set forth in
Federal Reserve Board Regulation E (12 C.F.R. Part 205), promulgated
pursuant to the Electronic Fund Transfer Act (15 U.S.C. 1601 et
(c) "Automated teller machine" means any electronic information
processing device located in California which accepts or dispenses
cash in connection with a credit, deposit, or convenience account.
The term does not include devices used solely to facilitate check
guarantees or check authorizations, or which are used in connection
with the acceptance or dispensing of cash on a person-to-person
basis, such as by a store cashier.
(d) "Candlefoot power" means the light intensity of candles on a
horizontal plane at 36 inches above ground level and five feet in
front of the area to be measured.
(e) "Control" of an access area or defined parking area means to
have the present authority to determine how, when, and by whom it is
to be used, and how it is to be maintained, lighted, and landscaped.
(f) "Customer" means a natural person to whom an access device has
been issued for personal, family, or household use.
(g) "Defined parking area" means that portion of any parking area
open for customer parking which is (1) contiguous to an access area
with respect to an automated teller machine; (2) regularly,
principally, and lawfully used for parking by users of the automated
teller machine while conducting automated teller machine transactions
during hours of darkness; and (3) owned or leased by the operator of
the automated teller machine or owned or controlled by the party
leasing the automated teller machine site to the operator. The term
does not include any parking area which is not open or regularly used
for parking by users of the automated teller machine who are
conducting automated teller machine transactions during hours of
darkness. A parking area is not open if it is physically closed to
access or if conspicuous signs indicate that it is closed. If a
multiple level parking area satisfies the conditions of this
subdivision and would therefore otherwise be a defined parking area,
only the single parking level deemed by the operator of the automated
teller machine to be the most directly accessible to the users of
the automated teller machine shall be a defined parking area.
(h) "Hours of darkness" means the period that commences 30 minutes
after sunset and ends 30 minutes before sunrise.
(i) "Operator" means any bank, savings association, credit union,
industrial loan company, savings bank, or other business entity, or
any person who operates an automated teller machine.