205 CMR, § 152.03

Current through Register 1533, October 25, 2024

Section 152.03 - Criteria for Exclusion

(1) In the commission's discretion, an individual may be placed on the exclusion list if the commission determines that the individual meets one or more of the following criteria:

(a) the individual has been convicted of a criminal offense under the laws of any state, tribe, or the United States that is punishable by more than six months in a state prison, a house of correction or any comparable incarceration, a crime of moral turpitude or a violation of the gaming or other wagering laws of any state, tribe, or the United States;

(b) the individual has violated or conspired to violate M.G.L. c. 23K or c. 23N; or violated or conspired to violate any other law, if the violation or conspiracy is in connection with gaming or sports wagering;

(c) the individual has a notorious or unsavory reputation which would adversely affect public confidence and trust that the gaming or sports wagering industries are free from criminal or corruptive elements;

(d) the individual is an associate of an individual who falls into a category identified in 205 CMR 152.03(1)(a) through (c);

(e) the individual's presence in a gaming establishment, sports wagering area, sports wagering facility, or maintenance of a sports wagering account, presents the potential of injurious threat to the interests of the Commonwealth in a gaming establishment, sports wagering area, sports wagering facility, or sports wagering platform, or sports wagering.

(2) In determining whether there exists the potential of injurious threat to the interests of the Commonwealth in accordance with 205 CMR 152.03(1)(e), the commission may consider, without limitation, the following:

(a) Whether the individual is a known cheat;

(b) Whether the individual has had a license or registration issued in accordance with 205 CMR 134.00: Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations, 205 CMR 234.00: Sports Wagering Vendors, 205 CMR 235.00: Sports Wagering Occupational Licenses, or a qualification determination made in accordance with 205 CMR 115.00: Phase 1 and New Qualifier Suitability Determination, Standards, and Procedures, 205 CMR 116.00: Persons Required to Be Licensed or Qualified, or 205 CMR 215.00: Applicant and Qualifier Suitability Determination, Standards, and Procedures, or a like license or registration issued by another jurisdiction, suspended or revoked or has been otherwise subjected to adverse action;

(c) Whether the individual's egregious or repeated conduct poses a clear threat to the safety of the patrons, employees or others on or near the premises of a gaming establishment, sports wagering area, or sports wagering facility; or the individual's egregious or repeated conduct relating to sports wagering poses a clear threat to the safety of others;

(d) Whether the individual has a documented history of conduct involving the undue disruption of gaming or sports wagering operations in any jurisdiction including, without implied limitation, attempting to corrupt or corrupting a betting outcome of a sporting event;

(e) Whether the individual is subject to a no trespass order at any casino or gaming establishment, sports wagering area, or sports wagering facility in any jurisdiction; and

(f) Whether, in connection with sports wagering, the individual has either:

1. willfully and maliciously engaged in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress; or

2. expressed an intent to injure the person or property of another, now or in the future; intended that the threat be conveyed to a particular person; the injury threatened, if carried out, would constitute a crime; and the threat was made under circumstances which could reasonably have caused the person to whom it was conveyed to fear that the individual had both the intention and ability to carry it out.

(3) The commission shall not base a finding to place an individual on the exclusion list on an individual's race, color, religion, religious creed, national origin, ancestry, sexual orientation, gender identity or expression, age (other than minimum age requirements), marital status, veteran status, genetic information, disability or sex.