(1) In the
commission's discretion, an individual may be placed on the exclusion list if
the commission determines that the individual meets one or more of the
following criteria:
(a) the individual has
been convicted of a criminal offense under the laws of any state, tribe, or the
United States that is punishable by more than six months in a state prison, a
house of correction or any comparable incarceration, a crime of moral turpitude
or a violation of the gaming or other wagering laws of any state, tribe, or the
United States;
(b) the individual
has violated or conspired to violate M.G.L. c. 23K or c. 23N; or violated or
conspired to violate any other law, if the violation or conspiracy is in
connection with gaming or sports wagering;
(c) the individual has a notorious or
unsavory reputation which would adversely affect public confidence and trust
that the gaming or sports wagering industries are free from criminal or
corruptive elements;
(d) the
individual is an associate of an individual who falls into a category
identified in
205
CMR 152.03(1)(a) through
(c);
(e) the individual's presence in a gaming
establishment, sports wagering area, sports wagering facility, or maintenance
of a sports wagering account, presents the potential of injurious threat to the
interests of the Commonwealth in a gaming establishment, sports wagering area,
sports wagering facility, or sports wagering platform, or sports
wagering.
(2) In
determining whether there exists the potential of injurious threat to the
interests of the Commonwealth in accordance with
205
CMR 152.03(1)(e), the
commission may consider, without limitation, the following:
(a) Whether the individual is a known
cheat;
(b) Whether the individual
has had a license or registration issued in accordance with
205 CMR
134.00: Licensing and Registration of
Employees, Vendors, Junket Enterprises and Representatives, and Labor
Organizations,
205 CMR
234.00: Sports Wagering Vendors,
205 CMR
235.00: Sports Wagering Occupational
Licenses, or a qualification determination made in accordance with
205 CMR
115.00: Phase 1 and New Qualifier Suitability
Determination, Standards, and Procedures,
205 CMR
116.00: Persons Required to Be Licensed or
Qualified, or
205 CMR
215.00: Applicant and Qualifier Suitability
Determination, Standards, and Procedures, or a like license or
registration issued by another jurisdiction, suspended or revoked or has been
otherwise subjected to adverse action;
(c) Whether the individual's egregious or
repeated conduct poses a clear threat to the safety of the patrons, employees
or others on or near the premises of a gaming establishment, sports wagering
area, or sports wagering facility; or the individual's egregious or repeated
conduct relating to sports wagering poses a clear threat to the safety of
others;
(d) Whether the individual
has a documented history of conduct involving the undue disruption of gaming or
sports wagering operations in any jurisdiction including, without implied
limitation, attempting to corrupt or corrupting a betting outcome of a sporting
event;
(e) Whether the individual
is subject to a no trespass order at any casino or gaming establishment, sports
wagering area, or sports wagering facility in any jurisdiction; and
(f) Whether, in connection with sports
wagering, the individual has either:
1.
willfully and maliciously engaged in a knowing pattern of conduct or series of
acts over a period of time directed at a specific person, which seriously
alarms that person and would cause a reasonable person to suffer substantial
emotional distress; or
2. expressed
an intent to injure the person or property of another, now or in the future;
intended that the threat be conveyed to a particular person; the injury
threatened, if carried out, would constitute a crime; and the threat was made
under circumstances which could reasonably have caused the person to whom it
was conveyed to fear that the individual had both the intention and ability to
carry it out.
(3) The commission shall not base a finding
to place an individual on the exclusion list on an individual's race, color,
religion, religious creed, national origin, ancestry, sexual orientation,
gender identity or expression, age (other than minimum age requirements),
marital status, veteran status, genetic information, disability or
sex.