2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 30 - COLORADO LIMITED GAMING ACT (§§ 44-30-101 — 44-30-1703) › Part 17 - MEASURES TO PROMOTE RESPONSIBLE GAMING (§§ 44-30-1701 — 44-30-1703) › Section 44-30-1703 - Exclusion of certain individuals from participation in gaming activities - duties of division - mechanism for self-exclusion - confidential records - rules

(1)
(a)
On and after January 1, 2023, the division shall operate a program to:
(I)
Exclude the following individuals from participation in gaming activities in the state:
(A)
Individuals who have voluntarily requested to be excluded pursuant to subsection (2)(a) of this section; and
(B)
Individuals who are required by the commission to be excluded or ejected from any licensed gaming establishment pursuant to subsection (3) or (4) of this section; and
(II)
Exclude from certain sports betting individuals who are prohibited from placing wagers on certain sporting events pursuant to section
44-30-1502
.
(b)
The division shall operate the program in accordance with rules promulgated by the commission pursuant to this section.
(2)
(a)
The division shall include in the program described in subsection (1) of this section mechanisms by which individuals may request to be excluded from participation in gaming activities in the state, as described in subsection (1)(a)(I)(A) of this section. The mechanisms must include the receipt of such requests by the division in written, electronic, and telephonic form.
(b)
Notwithstanding any other provision of law, the personal identifying information of the following individuals is confidential and is not subject to the requirements of the "Colorado Open Records Act", part 2 of article
72
of title
24
:
(I)
Individuals who request to be excluded from participation in gaming activities in the state pursuant to subsection (2)(a) of this section; and
(II)
Individuals who are prohibited from placing wagers on certain sporting events pursuant to section
44-30-1502
and are therefore excluded from certain sports betting pursuant to subsection (1)(a)(II) of this section.
(3)
(a)
The commission shall by rule provide for the establishment of a list of persons who are to be excluded or ejected from any licensed gaming establishment, including any person whose presence in the establishment is determined to pose a threat to the interest of the state or to licensed gaming. In making the determination for exclusion, the commission may consider any of the following:
(I)
Prior conviction of a felony, a misdemeanor involving moral turpitude, or a violation of the laws or gaming rules of any other state, the United States or any of its possessions or territories, or an Indian tribe;
(II)
A violation, an attempt to violate, or a conspiracy to violate the provisions of this article 30 relating to:
(A)
The failure to disclose an interest in a gaming establishment for which the person must obtain a license or to make disclosures to the commission; or
(B)
Intentional evasion of fees or taxes;
(III)
A reputation that would adversely affect public confidence and trust that the gaming industry is free from criminal or corruptive influences;
(IV)
Prior exclusion or ejection from a gaming establishment under the laws or gaming rules of any other state, the United States or any of its possessions or territories, or an Indian tribe; or
(V)
Career or professional offenders or associates of career or professional offenders and any others as defined by rule of the commission.
(b)
If the name and description of any person is placed on the list of persons to be excluded or ejected described in this subsection (3), the commission shall serve notice of that action upon the person by personal service, by certified mail to the last-known address of the person, or by publication in one or more official newspapers in Teller and Gilpin counties in Colorado. A person placed upon the exclusion and ejection list may contest that action by filing a written protest with the commission, and the commission shall hear the protest as a contested case.
(c)
The commission may impose sanctions upon any licensee in accordance with the provisions of this article 30 if the licensee knowingly fails to exclude or eject from the licensed premises any person placed by the commission on the list of persons to be excluded or ejected from licensed gaming establishments pursuant to this subsection (3), which sanctions may include suspension, revocation, limitation, modification, denial, or restriction of any license.
(4)
(a)
The commission, by rule, and notwithstanding the provisions of subsection (3) of this section, may list persons to be excluded or ejected from any licensed gaming establishment if the commission finds that listing the persons on an emergency basis is necessary to avoid danger to the public safety and if the public confidence and trust would be maintained only if the persons are listed on such an emergency basis.
(b)
Notwithstanding the provisions of section
24-4-103(6)
, the listing of a person to be excluded or ejected pursuant to this subsection (4) expires one year after the adoption of the list, unless the provisions of subsection (3) of this section are followed for permanent listing.
(c)
With respect to the finding of danger to public safety, the commission shall consider whether a person has been listed on the list of persons to be excluded or ejected under the laws and gaming rules of the states of Nevada, New Jersey, or South Dakota or any other states; the United States or its territories or possessions; or an Indian tribe.
(d)
Any rule adopted pursuant to this subsection (4) shall be followed within thirty days after the emergency listing by the procedures set forth in subsection (3) of this section. A listing pursuant to this subsection (4) must be vacated upon the conclusion of the rule-making proceeding initiated under subsection (3) of this section if the commission determines that a person should not have been placed on the list of persons to be excluded or ejected.
(5)
On or before November 1, 2022, the commission shall promulgate rules for the operation of the program described in subsections (1) and (2) of this section. The rules must include the establishment of a list of individuals to be excluded or ejected from all gaming activities in the state pursuant to subsection (1)(a) of this section, which list is accessible to all licensed gaming operators, including sports betting operators and internet sports betting operators.
Added by 2022 Ch. 402,§1, eff. 8/10/2022.
2022 Ch. 402, was passed without a safety clause. See Colo. Const. art. V, § 1(3).