Current through Register Vol. 54, No. 44, November 2, 2024
(a) The exclusion list may include a person
who meets one or more of the following criteria:
(1) A career or professional offender whose
presence in a licensed facility would, in the opinion of the Board, be inimical
to the interest of the Commonwealth or of licensed gaming therein, or
both.
(2) An individual with a
known relationship or connection with a career or professional offender whose
presence in a licensed facility would be inimical to the interest of the
Commonwealth or of licensed gaming therein, or both.
(3) A person who has been convicted of a
criminal offense under the laws of any state, or of the United States, which is
punishable by more than 1 year in prison, or who has been convicted of any
crime or offense involving moral turpitude, and whose presence in a licensed
facility would be inimical to the interest of the Commonwealth or of licensed
gaming therein, or both.
(4) A
person whose presence in a licensed facility would be inimical to the interest
of the Commonwealth or of licensed gaming therein, or both, including:
(i) Cheats.
(ii) Persons whose gaming privileges have
been suspended by the Board.
(iii)
Persons whose Board permits, licenses, registrations, certifications or other
approvals have been revoked.
(iv)
Persons who pose a threat to the safety of the patrons, employees or persons on
the property of a slot machine licensee.
(v) Persons with a history of conduct
involving the disruption of the gaming operations within a licensed
facility.
(vi) Persons subject to
an order of a court of competent jurisdiction in this Commonwealth excluding
those persons from licensed facilities.
(vii) Persons with pending charges or
indictments for a gambling crime or a crime related to the integrity of gaming
operations in this Commonwealth or another jurisdiction.
(viii) Persons who have been convicted of a
gambling crime or crime related to the integrity of gaming operations in this
Commonwealth or another jurisdiction.
(ix) Persons who have performed an act or
have a notorious or unsavory reputation that would adversely affect public
confidence and trust in gaming, including, being identified with criminal
activities in published reports of various Federal and State legislative and
executive bodies that have inquired into criminal or organized criminal
activities.
(b)
For purposes of subsection (a), a person's presence may be considered "inimical
to the interest of the Commonwealth or of licensed gaming therein, or both" if
known attributes of the person's character and background meet one or more of
the following criteria:
(1) Are incompatible
with the maintenance of public confidence and trust in the credibility,
integrity and stability of the operation of a licensed facility.
(2) May reasonably be expected to impair the
public perception of, and confidence in, the strict regulatory process created
by the act.
(3) Create or enhance a
risk of the fact or appearance of unsuitable, unfair or illegal practices,
methods or activities in the conduct of gaming or in the business or financial
arrangements incidental thereto.
(c) A finding of inimicality may be based
upon the following:
(1) The nature and
notoriety of the character or background of the person.
(2) The history and nature of the involvement
of the person with licensed gaming in this Commonwealth or another
jurisdiction, or with a particular slot machine licensee or licensees or an
affiliate, intermediary, subsidiary or holding company thereof.
(3) The nature and frequency of contacts or
associations of the person with a slot machine licensee or licensees, or with
employees or agents thereof.
(4)
Other factors reasonably related to the maintenance of public confidence in the
efficacy of the regulatory process and the integrity of gaming operations, the
gaming industry and its employees.
(d) A person's race, color, creed, national
origin or ancestry, or sex will not be a reason for placing the name of a
person upon the exclusion list.
The provisions of this § 511a.3 amended under
4
Pa.C.S. §§
1202(b)(30) and
1207(2) and
(9).
This section cited in 58 Pa. Code §
403a.7 (relating to temporary
emergency orders); 58 Pa. Code §
511a.4 (relating to duties of the
Bureau and the Office of Enforcement Counsel); 58 Pa. Code §
511a.6 (relating to demand for
hearing on the placement of a person on the exclusion list); and 58 Pa. Code
§
511a.8 (relating to duties of slot
machine licensees).
