Current through Register Vol. 43, No. 39, September 26, 2024
(a)
An "involuntary exclusion list" shall be created by the commission staff and
shall consist of the names of people who the executive director determines meet
any one of the following criteria:
(1) Any
person whose presence in a gaming facility would be inimical to the interest of
the state of Kansas or gaming in Kansas, including the following:
(A) Any person who cheats, including by
intentionally doing any one of the following:
(i) Altering or misrepresenting the outcome
of a game or event on which wagers have been made, after the outcome is
determined but before the outcome is revealed to the players;
(ii) placing, canceling, increasing, or
decreasing a bet after acquiring knowledge, not available to other players, of
the outcome of the game or subject of the bet or of events affecting the
outcome of the game or subject of the bet;
(iii) claiming or collecting money or
anything of value from a game or authorized gaming facility not won or earned
from the game or authorized gaming facility;
(iv) manipulating a gaming device or
associated equipment to affect the outcome of the game or the number of plays
or credits available on the game; or
(v) altering the elements of chance or
methods of selection or criteria that determine the result of the game or
amount or frequency of payment of the game;
(B) any person who poses a threat to the
safety of the patrons or employees;
(C) persons who pose a threat to
themselves;
(D) persons with a
documented history of conduct involving the disruption of a gaming
facility;
(E) persons included on
another jurisdiction's exclusion list; or
(F) persons subject to an order of the courts
of Kansas excluding those persons from any gaming facility;
(2) any felon or person who has
been convicted of any crime or offense involving moral turpitude and whose
presence in a gaming facility would be inimical to the interest of the state of
Kansas or of gaming in Kansas; or
(3) any person who has been identified by the
director of security as being a criminal offender or gaming offender and whose
presence in a gaming facility would be inimical to the interest of the state of
Kansas or of gaming in Kansas.
(b) As used in this article, a person's
presence shall be deemed "inimical to the interest of the state of Kansas or
gaming in Kansas" if the presence meets any one of the following conditions:
(1) Is incompatible with the maintenance of
public confidence and trust in the integrity of licensed gaming;
(2) is reasonably expected to impair the
public perception of or confidence in the regulation or conduct of gaming;
or
(3) creates or enhances a risk
of unfair or illegal practices in the conduct of gaming.
(c) The executive director's determination of
inimicality may be based upon any of the following:
(1) The nature and notoriety of the person to
be excluded from gaming facilities;
(2) the history and nature of the involvement
of the person with a gaming facility in Kansas or any other jurisdiction or
with any particular licensee or licensees or any related company of any
licensee;
(3) the nature and
frequency of any contacts or associations of the person with any licensee;
or
(4) any other factor reasonably
related to the maintenance of public confidence in the regulatory process or
the integrity of gaming in Kansas.
(d) The involuntary exclusion list shall
contain the following information, if known, for each excluded person:
(1) The full name and all known aliases and
the date of birth;
(2) a physical
description;
(3) the date the
person's name was placed on the list;
(4) a photograph, if available;
(5) the person's occupation and current home
and business addresses; and
(6) any
other relevant information as deemed necessary by the commission.
(e) The involuntary exclusion list
shall be open to public inspection and shall be distributed by the executive
director.