La. Admin. Code tit. 42 § III-303

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-303 - Persons Required to be Excluded

A. Pursuant to R.S. 27:27.2, the Louisiana Gaming Control Board hereby provides for the establishment of a list of persons who are to be excluded or ejected from any room, premises, or designated gaming area of an establishment, or from a sports wagering platform, where gaming is conducted pursuant to Chapters 4, 5, 7, and 10 of the Louisiana Gaming Control Law, R.S. 27:1 et seq.

B. Definitions. The following words and terms, when used in this Section, shall have the following meanings unless the context clearly indicates otherwise.

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Board Exclusion List-a list of names of persons who, pursuant to R.S. 27:27.2, are required to be excluded or ejected from casino gaming establishments and sports wagering platforms.

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Casino Gaming Establishment-any room, premises, or designated gaming area of any establishment where gaming is conducted pursuant to Chapters 4, 5, 7, and 10 of the Louisiana Gaming Control Law and all sports wagering platforms pursuant to Chapter 10 of the Louisiana Gaming Control Law.

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C. Criteria for Exclusion

1. The board exclusion list may include any person who meets any of the following criteria:

a. a career or professional offender whose presence on or in a casino gaming establishment would be adverse to the interests of the state of Louisiana or to authorized gaming therein;

b. an associate of a career or professional offender whose association is such that his or her presence on or in a casino gaming establishment would be adverse to the interests of the state of Louisiana or to authorized gaming therein;

c. a person who has been convicted of a gaming or gambling crime or a crime related to the integrity of gaming operations;

d. a person who has performed any act or has a notorious or unsavory reputation that would adversely affect public confidence and trust in gaming, including, but not limited to, being identified with criminal activities in published reports of various federal and state legislative and executive bodies that have inquired into criminal activities. Such bodies shall include, but not be limited to, the following:

i. California Crime Commission;

ii. Chicago Crime Commission;

iii. McClellan Committee (Senate Subcommittee on Investigation);

iv. New York Waterfront Commission;

v. Pennsylvania Crime Commission Report;

vi. Senate Permanent Subcommittee on Investigations;

vii. State of Colorado Organized Crime Strike Force; or

viii. President's Commission on Organized Crime;

e. has been named or is currently on any valid exclusion list of any other jurisdiction;

f. is a person whose presence on or in a casino gaming establishment would be adverse to the state of Louisiana or authorized gaming therein, including, but not limited to:

i. cheats;

ii. persons whose gaming privileges, permits, licenses, or other approvals have been suspended, revoked or denied;

iii. persons who pose a threat to the safety of the patrons or employees of the licensee;

iv. persons with a documented history of conduct involving the disruption of the gaming operations in any jurisdiction;

v. persons subject to an order of a Louisiana court excluding such persons from any casino gaming establishments; or

vi. persons with pending charges for a gaming or gambling crime or a crime related to the integrity of gaming operations;

g. the person's occupation and his current home, business, and electronic mail address; and

i. a person's presence may be considered "adverse to the interest of the state of Louisiana or to authorized gaming therein" if known attributes of such person's character and background:

(a). are incompatible with the maintenance of public confidence and trust in the credibility, integrity and stability of licensed gaming;

(b). could reasonably be expected to impair the public perception of, and confidence in, the strict regulation of gaming activities; or

(c). would create or enhance a risk or appearance of unsuitable, unfair or illegal practices, methods or activities in the conduct of gaming or in the business or financial arrangements incidental thereto;

ii. a finding that a person's presence is "adverse to the interest of the state of Louisiana or to authorized gaming therein" may be based upon, but not limited to, the following:

(a). the nature and notoriety of the attributes of character or background of the person;

(b). the history and nature of the involvement of the person with authorized gaming in Louisiana or any other jurisdiction, or with any particular licensee or licensees or any related company thereof;

(c). the nature and frequency of any contacts or associations of the person with any licensee or licensees, or with any employees or agents thereof; or

(d). any other factor reasonably related to the maintenance of public confidence in the efficacy of the regulatory process and the integrity of gaming operations, the gaming industry, and its employees;

iii. race, color, creed, national origin or ancestry, sex or disability as defined in R.S. 51:2234.(11), shall not be a reason for placing the name of any person upon such list.

D. Duties of the Division

1. The division shall, on its own initiative, or upon recommendation by the board, investigate any individual who would appear to be an appropriate Candidate for placement on the board exclusion list.

2. If, upon completion of an investigation, the division determines that an individual should be placed on the Board Exclusion List, the division shall make a recommendation for exclusion to the Board, identifying the Candidate and setting forth the basis for which the division believes the Candidate satisfies the criteria for exclusion established by the Louisiana Gaming Control Law.

E. Notice

1. Upon a determination by the board that one or more of the criteria for being named on the list are satisfied, such person shall be placed on the board exclusion list. The Board or division shall serve notice of exclusion in the matter prescribed in R.S. 27:27.2.C. The notice shall:

a. identify the excluded person by name, including known aliases, and last known address;

b. specify the nature and scope of the circumstances or reasons for such person's exclusion;

c. inform the excluded person of his right to request a hearing for review and/or removal;

d. inform the excluded person that the failure to timely request a hearing shall result in the decision's becoming final.

F. Contents of the Board Exclusion List

1. The following information shall be provided for each board excluded person:

a. the full name of the person and any known aliases the person is believed to have used;

b. a description of the person's physical appearance, including height, weight, build, color of hair and eyes, and any other physical or distinguishing characteristics that may assist in identifying the person;

c. the date of birth of the person;

d. the date of the notice mandating exclusion;

e. the driver's license number or state identification number of the person;

f. a photograph of the person, if available and the date taken;

g. the person's occupation and his current home, business, and electronic mail address; and

h. Social Security number, if available;

i. the reason for exclusion.

G. Maintenance and Distribution of the List

1. The board shall maintain a list of persons to be excluded or ejected from all casino gaming establishments.

2. The list shall be open to public inspection except information pertaining to the date of birth, driver's license number, state identification number, Social Security number and current home, business, and electronic mailing address of the board excluded person.

3. The list shall be distributed by the division to the casino operator or casino manager and all casino gaming licensees.

4. No licensee or any employee, or agent thereof shall disclose the date of birth or current home, business, or electronic mailing address of a board excluded person to anyone other than employees or agents of licensees, or approved contracted entities, whose duties and functions require access to such information.

H. Duties of Licensees

1. The licensees and their agents or employees shall exclude or eject the following persons from the casino gaming establishment:

a. any board excluded person; or

b. any person known to the casino operator or casino manager or any casino gaming licensee to satisfy the criteria for exclusion in the Louisiana Gaming Control Law.

2.

a. If a board excluded person enters, attempts to enter, or is in the casino gaming establishment and is discovered by the licensee, the licensee shall immediately notify the division of such fact and, unless otherwise directed by the division, immediately eject such excluded person from the casino gaming establishment.

b. If a board excluded person gains access to a sports wagering platform, the licensee shall immediately exclude the person from the platform and promptly notify the division.

3. Upon discovery of a board excluded person in or on the casino gaming establishment, both the security and surveillance departments, or the departments responsible for sports wagering platform security, of the licensees shall initiate a joint investigation, unless otherwise directed by the division, to determine:

a. responsibility of employees of the casino gaming establishment for allowing a board excluded person to gain access to the casino gaming establishment; and

b. the net amount of winnings and/or losses attributable to the board excluded person.

4. Each licensee shall take reasonable steps to ensure that no winnings or losses arising as a result of prohibited gaming activity are paid or recovered by a board excluded person.

5. It shall be the continuing duty of licensee to inform the board and division in writing of the names of persons it knows or has reason to know are appropriate for placement on the board exclusion list.

I. Sanctions

1. Any licensee who willfully fails to exclude a board excluded person from the casino gaming establishment shall be in violation of these rules and may be subject to administrative action pursuant to R.S. 27:27.2.F and this Section.

2. The penalty for violation of LAC 42:III.I.1 shall be $25,000 or administrative action including but not limited to suspension or revocation.

J. Removal from the Board Exclusion List

1. Hearing. Any person who desires to have his name removed from the board exclusion list shall submit a written request to the board requesting a hearing before a hearing officer.

2. Absent. A change in circumstances that would have affected the board exclusion No person shall request a hearing to be removed from the board exclusion list for a period of five years from the date of the final decision.

La. Admin. Code tit. 42, § III-303

Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 28:1988 (September 2002), Amended LR 481857 (7/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 27:15 and 24.