2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 15 - Administration and Enforcement › Section 1514 - Regulation requiring exclusion, ejection or denial of access of certain persons

§ 1514. Regulation requiring exclusion, ejection or denial of access of certain persons.
(a) General rule.--
The board shall by regulation provide for the establishment of a list of persons who are to be excluded or ejected from any licensed facility or who may be denied access to interactive gaming. The provisions shall define the standards for exclusion and shall include standards relating to persons who are career or professional offenders as defined by regulations of the board or whose presence in a licensed facility or whose access to interactive gaming would, in the opinion of the board, be inimical to the interest of the Commonwealth or of licensed gaming therein, or both.
(b) Categories to be defined.--
The board shall promulgate definitions establishing those categories of persons who shall be excluded or ejected pursuant to this section, including cheats and persons whose privileges for licensure, certification, permit or registration have been revoked.
(c) Discrimination prohibited.--
Race, color, creed, national origin or ancestry or sex shall not be a reason for placing the name of any person upon a list under this section.
(d) Sanctions.--
The board may impose sanctions upon a licensed gaming entity or interactive gaming operator in accordance with this part if the licensed gaming entity knowingly fails to exclude or eject from the premises of any licensed facility or deny access to interactive gaming any person placed by the board on the list of persons to be excluded, ejected or denied access.
(e) List not all-inclusive.--
Any list compiled by the board of persons to be excluded, ejected or denied access shall not be deemed an all-inclusive list, and a licensed gaming entity shall have a duty to keep from the licensed facility and from interactive gaming persons known to it to be within the classifications declared in this section and the regulations promulgated under this section whose presence in a licensed facility or whose participation in interactive gaming would be inimical to the interest of the Commonwealth or of licensed gaming therein, or both, as defined in standards established by the board.
(f) Notice.--
Whenever the bureau seeks to place the name of any person on a list pursuant to this section, the bureau shall serve notice of this fact to such person by personal service or certified mail at the last known address of the person. The notice shall inform the person of the right to request a hearing under subsection (g). The bureau may also provide notice by electronic mail, if the electronic mail address of the person is known to the bureau.
(g) Hearing.--
Within 30 days after receipt of notice in accordance with subsection (f), the person named for exclusion or ejection may demand a hearing before the board, at which hearing the bureau shall have the affirmative obligation to demonstrate that the person named for exclusion or ejection satisfies the criteria for exclusion or ejection established by this section and the board's regulations. Failure of the person to demand a hearing within 30 days after service shall be deemed an admission of all matters and facts alleged in the bureau's notice and shall preclude the person from having an administrative hearing, but shall in no way affect the right to judicial review as provided in this section.
(h) Review.--
If, upon completion of a hearing on the notice of exclusion or ejection, the board determines that placement of the name of the person on the exclusion or ejection list is appropriate, the board shall make and enter an order to that effect, which order shall be served on all licensed gaming entities. The order shall be subject to review by the Commonwealth Court in accordance with the rules of court.
(Jan. 7, 2010, P.L.1, No.1, eff. imd.; Oct. 30, 2017, P.L.419, No.42, eff. imd.)
2017 Amendment.
Act 42 amended the section heading and subsecs. (a), (d), (e) and (f).
2010 Amendment.
Act 1 amended the section heading and subsecs. (b), (f), (g) and (h).
Cross References.
Section 1514 is referred to in sections 13A27, 13B02, 13B22, 13B32 of this title.