205 CMR, § 152.06

Current through Register 1533, October 25, 2024

Section 152.06 - Duty of Gaming or Sports Wagering Licensee

(1) Each gaming or sports wagering licensee shall ensure that it accesses and reviews the exclusion list on a regular basis and that the exclusion list is made available to employees of the gaming or sports wagering licensee in a manner designed to assist them in identifying and inhibiting excluded individuals from entering the gaming establishment, sports wagering area, or sports wagering facility, or maintaining a sports wagering account.

(2) Upon identifying any individual who has been placed on the exclusion list present in a gaming establishment, sports wagering area, or sports wagering facility, the gaming or sports wagering licensee shall immediately notify the Massachusetts State Police Gaming Enforcement Unit, the Surveillance Department, and the Security Department. The Surveillance Department shall track the individual who has been placed on the list while that individual is present in the gaming establishment, sports wagering area, or sports wagering facility and the Security Department shall coordinate with the Massachusetts State Police Gaming Enforcement Unit regarding removing the individual from the gaming establishment, sports wagering area, or sports wagering establishment.

(3) Upon determining that an individual who has been placed on the exclusion list maintains a sports wagering account or has engaged in prohibited sports wagering, a sports wagering licensee shall:

(a) Cancel any sports wagers placed by the individual and confiscate any resulting funds in accordance with 205 CMR 238.33(3);

(b) Suspend the sports wagering account used to engage in prohibited sports wagering in accordance with 205 CMR 248.17: Account Suspension and Restoration; and

(c) Notify the Director of Sports Wagering and the Bureau.

(4) It shall be the continuing duty of a gaming or sports wagering licensee to refer to the Bureau, in writing, individuals whom it wishes to be placed on the exclusion list and to promptly notify the Bureau in writing of no trespass orders which it issues.

(5) A gaming or sports wagering licensee shall submit a written policy for compliance with the exclusion list program for approval by the executive director. The executive director shall review the plan for compliance with 205 CMR 152.00. If approved, notice shall be provided to the commission and the plan shall be implemented and followed by the gaming or sports wagering licensee. The plan for compliance with the exclusion list program shall include, at a minimum, procedures to:

(a) Prevent an individual on the exclusion list from entering the gaming establishment, sports wagering area, or sports wagering facility, maintaining a sports wagering account; or engaging in prohibited sports wagering;

(b) Identify and coordinate with the Massachusetts State Police Gaming Enforcement Unit to eject individuals on the list from the gaming establishment, sports wagering area, or sports wagering facility if they are able to enter;

(c) Remove individuals on the exclusion list from marketing lists, and refrain from sending or transmitting to them any advertisement, promotion, or other direct marketing mailing pertaining to gaming or sports wagering more than 30 days after receiving notice from commission that the individual has been placed on the exclusion list;

(d) Prevent an individual on the exclusion list from having access to credit, cashless wagering program access, or from receiving complimentary services, check-cashing services, junket participation and other benefits from the gaming establishment, sports wagering area, or sports wagering facility, or benefits from a sports wagering account; and

(e) Train employees relative to the exclusion list and the license's program.

(6) The commission may revoke, limit, condition, suspend or fine a gaming or sports wagering licensee if it knowingly or recklessly fails to exclude, or identify, or coordinate with the Massachusetts State Police Gaming Enforcement Unit to eject from its gaming establishment or sports wagering facility, any individual placed by the commission on the exclusion list; or prevent an individual on the exclusion list from maintaining a sports wagering account or engaging in prohibited sports wagering.