2023 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registration have been revoked.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.