N.J. Admin. Code § 13:69G-3.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:69G-3.2 - Prohibited person; forfeiture of winnings

(a) If a casino licensee detects, or is notified of, the presence of a patron suspected of being a prohibited person, who had engaged or is engaging in gaming activity, such casino licensee shall verify, using reasonable measures, that the patron is a prohibited person and the basis for the person's prohibition. If the person is unable to establish that he or she is not underage, the person shall be presumed to be a prohibited person for the purposes of this section.

(b) Upon verification of a prohibited status, the casino licensee shall:

1. Remove the prohibited person from the gaming floor or immediately prohibit access to the person's Internet gaming account, as applicable;

2. Seize from such person any winnings or things of value obtained from engaging in a gaming transaction as follows:

i. Confiscate all gaming chips, gaming plaques, slot machine tokens and gaming vouchers;

ii. Process any slot machine jackpot obtained by the prohibited person pursuant to 13:69D-1.40 through 1.40F, depending upon the type of jackpot obtained;

iii. Cash out any cashable credits remaining on a slot machine credit meter or automated table game credit meter and confiscate the gaming voucher that is issued as payment thereof; and

iv. Obtain control and physical possession of any other form of winnings or things of value not specifically enumerated and obtained by or owed to the prohibited person as a result of engaging in any type of gaming transaction; and

3. Deliver any winnings or things of value obtained from a prohibited person pursuant to (b)2 above to the cashiers' cage, where they shall be converted into cash, maintained separately and designated as funds that are subject to forfeiture.

(c) A casino licensee shall prepare a multipart form known as a Payout Receipt and Notice of Forfeiture, which shall include, without limitation, the information in (c)1 through 6 below. The Payout Receipt and Notice of Forfeiture shall be signed and attested to by: the prohibited person, unless the person refuses to sign or is unknown; the casino employee delivering the winnings or things of value to the cashiers' cage; and the cashiers' cage employee who received the winnings or things of value. For Internet or mobile gaming, a casino licensee shall issue a Payout Receipt and Notice of Forfeiture to the patron via electronic or regular mail.

1. The total value and a detailed description of winnings or things of value that were seized;

2. The date of the incident;

3. The name of the prohibited person, if known, and basis for determining the person is a prohibited person;

4. The street and mailing address of the prohibited person, if known, at which he or she may be noticed regarding any future proceedings;

5. The location (table type and number, slot machine asset number, keno window, etc.) where the prohibited person was engaged in a gaming transaction or identification of Internet or mobile wagering session; and

6. Notice to the prohibited person that a proceeding may be brought by the Division seeking forfeiture of the winnings or things of value seized, that he or she has the right to be heard in any such proceeding and that failure to respond to a forfeiture complaint will result in the waiver of their right to be heard.

(d) The original Payout Receipt and Notice of Forfeiture prepared and signed as required in (c) above shall be maintained in the cashiers' cage. Copies of the document shall be provided to the prohibited person, the casino accounting department and filed with the Division, which filing may be made electronically.

(e) All funds maintained separately and designated as subject to forfeiture shall be held by the casino licensee until further order of the Division or upon notice from the Division that they may be released.

(f) Pursuant to 5:12-71.3, any things of value seized from a prohibited person shall be subject to forfeiture on complaint of the Division, following notice to the prohibited person and an opportunity to be heard. A failure to respond to a forfeiture complaint will result in the waiver of their right to be heard.

(g) The internal controls of a casino licensee shall contain procedures for processing any winnings or things of value confiscated or withheld from a prohibited person as if the winnings or things of value were paid and reported in accordance with normal procedures applicable to such payouts. Such procedures shall include, however, such modification to forms or additional documentation as is necessary to record and report the payout as a payout confiscated or withheld from a prohibited person. This documentation shall be compared by the casino accounting department at the end of the gaming day to the copy of the Payout Receipt and Notice of Forfeiture. Any winnings or things of value confiscated or withheld from a prohibited person that are paid and reported in accordance with the normal procedures applicable to such payouts, as modified in this section, shall be deducted in the calculation of gross revenue as if the winnings or things of value were actually paid to the prohibited person.

(h) The Division may file a complaint requesting forfeiture of the winnings or things of value and shall notice the prohibited person via personal service or regular mail sent to the address contained on the Payout Receipt and Notice of Forfeiture form of the forfeiture complaint and the prohibited person's right to a hearing.

(i) If the prohibited person wishes to contest the forfeiture complaint, the person shall request a hearing in writing with the Division within 15 days of the date of the notice of the forfeiture complaint. If no response is filed by the prohibited person within 15 days of the date of the notice of the forfeiture complaint, the winnings or things of value shall be ordered forfeited and shall be disposed of pursuant to 5:12-71.3.

(j) If an online gaming operator or online sports wagering operator fails to notify the Division that a patron has self-excluded, that operator shall be subject to a civil penalty. Such penalty shall include any money or funds won by any other casino, a sports book operator, online gaming operator, or online sports wagering operator from a prohibited person. A casino, sports book operator, online gaming operator, or online sports wagering operator may contest the Division's notice within 10 days of receipt. If the amount is not contested, the Division shall issue an invoice for the amount to be paid to the Casino Revenue Fund.

N.J. Admin. Code § 13:69G-3.2

Amended by R.2013 d.128, effective 10/21/2013.
See: 45 N.J.R. 1355(a), 45 N.J.R. 2336(a).
In (b)1, inserted "or immediately prohibit access to the person's Internet gaming account"; in the introductory paragraph of (c), inserted the last sentence; and in (c)5, inserted "or identification of Internet or mobile wagering session".

Amended by 56 N.J.R. 1182(b), effective 7/1/2024