NY Rac, Pari-Mut Wag & Breeding L § 1342 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 13 - Destination Resort Gaming Title 5 - Requirements for Conduct and Operation of Gaming 1342 - Require Exclusion of Certain Persons.

§  1342.  Required  exclusion  of  certain  persons. 1. The commission shall, by regulation, provide for the establishment of a list of persons who are to be excluded or ejected from  any  licensed  gaming  facility. Such  provisions  shall  define  the  standards for exclusion, and shall include standards relating to persons:  (a) Who are career or professional offenders as defined by regulations promulgated hereunder; or  (b) Who have been convicted of a criminal offense under  the  laws  of any  state  or  of  the  United States, which is punishable by more than twelve months in  prison,  or  any  crime  or  offense  involving  moral turpitude.   The   commission   shall  promulgate  definitions  establishing  those categories of persons who shall be excluded pursuant  to  this  section, including   cheats   and  persons  whose  privileges  for  licensure  or registration have been revoked.   2. Any enumerated class listed  in  subdivision  one  of  section  two hundred  ninety-six  of  the  human rights law shall not be a reason for placing the name of any person upon such list.   3. The commission may impose sanctions upon a licensed gaming facility or individual licensee or registrant in accordance with  the  provisions of  this  article  if  such  gaming  facility  or individual licensee or registrant knowingly fails to exclude or eject from the premises of  any licensed gaming facility any person placed by the commission on the list of persons to be excluded or ejected.   4.  Any  list  compiled by the commission of persons to be excluded or ejected shall not be deemed an all-inclusive list, and  licensed  gaming facilities  shall  have a duty to keep from their premises persons known to them to be within the classifications declared  in  subdivisions  one and  two  of this section and the regulations promulgated thereunder, or known to them to be persons whose presence in a licensed gaming facility would be inimical to the interest of the state  or  of  licensed  gaming therein, or both, as defined in standards established by the commission.   5.  Prior to placing the name of any person on a list pursuant to this section, the commission shall serve notice  of  such  fact  and  of  the opportunity  for  a  hearing  to  such  person by personal service or by certified mail at the last known address of such person.   6. Within thirty days after service of the petition in accordance with subdivision five of this section, the  person  named  for  exclusion  or ejection  may  demand  a  hearing  before  the executive director or the executive director's designee, at which hearing the  executive  director or   the  executive  director's  designee  shall  have  the  affirmative obligation to demonstrate by substantial evidence that the person  named for   exclusion   or  ejection  satisfies  the  criteria  for  exclusion established by this section and the applicable regulations.  Failure  to demand  such a hearing within thirty days after service shall preclude a person from having an administrative hearing, but shall in no way affect his or her right to judicial review as provided herein.   7. The commission may make a preliminary placement on the  list  of  a person  named in a petition for exclusion or ejection pending completion of a hearing on  the  petition.  The  hearing  on  the  application  for preliminary  placement  shall  be  a  limited  proceeding  at  which the commission shall have  the  affirmative  obligation  to  demonstrate  by substantial   evidence  that  the  person  satisfies  the  criteria  for exclusion established by this section and the applicable regulations. If a person has been placed on the list as a result of an  application  for preliminary placement, unless otherwise agreed by the executive director and  the  named  person,  a  hearing  on  the  petition for exclusion or ejection shall be initiated within thirty days after the  receipt  of  a  demand  for  such  hearing  or  the date of preliminary placement on the list, whichever is later.   8. If, upon completion of the hearing on the petition for exclusion or ejection,  the  executive  director  determines  that  the  person named therein does not satisfy the criteria for exclusion established by  this section  and  the  applicable  regulations, the executive director shall issue an order denying the petition. If the person named in the petition for exclusion or ejection had been placed on the list as a result of  an application  for  preliminary  placement,  the  executive director shall notify all gaming facility licensees of the person's  removal  from  the list.   9.  If,  upon completion of a hearing on the petition for exclusion or ejection, the executive director determines that placement of  the  name of  the  person  on  the  exclusion  list  is appropriate, the executive director shall make and enter an order to that effect, which order shall be served on all gaming facility licensees. Such order shall be  subject to  review  by the commission in accordance with regulations promulgated thereunder, which final decision shall be subject to review pursuant  to article seventy-eight of the civil practice law and rules.