Pennsylvania Code
Title 58 - RECREATION
Part VII - GAMING CONTROL BOARD
Subpart N - Video Gaming
Chapter 1120a - EXCLUSION OF PERSONS FROM VIDEO GAMING
Section 1120a.3 - Criteria for exclusion or ejection
Universal Citation: 58 PA Code § 1120a.3
Current through Register Vol. 54, No. 52, December 28, 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 an establishment licensee's facility would, in the opinion of the
Board, be inimical to the interest of the Commonwealth or of licensed video
gaming therein, or both.
(2) An
individual with a known relationship or connection with a career or
professional offender whose presence in an establishment licensee's facility
would be inimical to the interest of the Commonwealth or of licensed video
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 1 year or more in
prison, or who has been convicted of any crime or offense involving moral
turpitude, and whose presence in a establishment licensee facility would be
inimical to the interest of the Commonwealth or of licensed video gaming
therein, or both.
(4) A person
whose presence in a establishment licensee facility would be inimical to the
interest of the Commonwealth or of licensed gaming therein, or both, including:
(i) Persons who cheat.
(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approvals have been revoked.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 an establishment licensee's facility.
(v) Persons with a history of conduct
involving the disruption of the gaming operations within a licensed facility or
establishment licensee facility.
(vi) Persons subject to an order of a court
of competent jurisdiction in this Commonwealth excluding those persons from
licensed facilities or establishment licensee facilities.
(vii) Persons who have been charged, indicted
or convicted of a gambling crime or a crime related to the integrity of gaming
operations in this Commonwealth or another jurisdiction.
(viii) Persons who have performed an act or
have a notorious or unsavory reputation that would adversely affect public
confidence and trust in gaming.
(b) For purposes of subsection (a), a person's presence may be considered inimical to the interest of the Commonwealth or of licensed video 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 establishment licensee facility.
(2) May reasonably be expected to impair the
public perception of, and confidence in, the strict regulatory process created
by 4 Pa.C.S. Part III (relating to video gaming).
(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.
(3) The nature and frequency of contacts or
associations of the person with an establishment licensee.
(4) Other factors reasonably related to the
maintenance of public confidence in the efficacy of the regulatory process and
the integrity of video gaming operations.
(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.
This section cited in 58 Pa. Code § 1120a.6 (relating to demand for hearing on the exclusion of a person).
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