N.M. Code R. § 15.1.11.18

Current through Register Vol. 35, No. 11, June 11, 2024

Section 15.1.11.18 - DUTY OF LICENSEE TO EXCLUDE PERSON ON SELF-EXCLUSION LIST

A. A self-excluded person shall be excluded from the area of the gaming establishment designated as the licensed premises.

B. Whenever a self-excluded person enters, attempts to enter, or is on the licensed premises, and the licensee or its agent or a gaming employee knows or has reason to know that the person is a self-excluded person, the licensee or its agents or employees shall do the following:

(1)immediately notify the board's enforcement division of the self-excluded person's presence in the gaming establishment;

(2) ask the self-excluded person to not enter the licensed premises, or if on the licensed premises, to immediately leave;

(3) notify the state department of public safety or the appropriate local law enforcement agency and the board's enforcement division if the self-excluded person fails to comply with a request not to enter the licensed premises or to immediately leave the licensed premises; and

(4) confiscate the winnings and any gaming machine credits of the self-excluded person;.a gaming operator licensee shall dedicate all winnings confiscated to supplement the gaming operator licensee's contributions to fund or support programs for the treatment and assistance of compulsive gamblers.

C. The duty to exclude self-excluded persons requires that each gaming operator licensee do the following:

(1) ensure that the key personnel and surveillance and security personnel of the gaming operator licensee have reviewed and are familiar with the self-excluded persons list as developed and updated by the board;

(2) adequately train its agents and employees as to the requirements of this part;

(3) develop and maintain appropriate security measures to minimize the risk that an self-excluded person will enter or remain on the licensed premises;

(4) remove the self-excluded person's name from any mailing list, e-mail list or other promotional list;

(5) disenroll the self-excluded person from any players club or other promotional activity; and

(6) ensure that no marketing activity is directed toward the self-excluded person.

D. As used in this section, "knows or has reason to know" means the gaming operator licensee, agent, or employee:

(1) has actual knowledge of the fact that the person is an self-excluded person; or

(2) would have obtained that knowledge had the person complied with the duties set forth in this section.

N.M. Code R. § 15.1.11.18

Adopted by New Mexico Register, Volume XXVI, Issue 19, October 15, 2015, eff. 10/15/2015