N.Y. Comp. Codes R. & Regs. tit. 9 § 5117.5

Current through Register Vol. 46, No. 45, November 2, 2024
Section 5117.5 - Undesirable or excluded persons
(a) Any person whether a licensee, participant or patron who is deemed or whose conduct is deemed detrimental to the best interest of video lottery gaming or who is deemed an undesirable person may be expelled from the video lottery gaming facility. In this regard the video lottery gaming agent, on such agent's own initiative, or upon request of the commission or the commission's representatives, shall take immediate steps by whatever means are reasonably required to expel such person(s). Acts deemed undesirable shall consist of, but not be limited by, the following:
(1) bookmaking or other illegal gambling activities;
(2) touting;
(3) creating or continuing a public disturbance;
(4) disorderly conduct;
(5) associating with undesirables;
(6) failure to appear when directed to do so by any official of the commission in furtherance of an investigation or hearing and to testify under oath concerning any facts within such person's knowledge and produce any books, records, written matter or other evidence within such person's possession or control relevant to such matter.
(b) Nothing contained in this section shall diminish the right of any video lottery gaming agent to exclude any person as a patron or otherwise without reason, provided such exclusion is not based upon age (except for persons under the age of 18), race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status.
(c) Excluded persons shall immediately be provided with a notice of exclusion. A report, which shall include a copy of the exclusion notice and a photograph of the excluded subject, will be retained at the video lottery gaming facility for the period of exclusion and a copy shall be provided within 24 hours of exclusion to the commission or the commission's designee.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5117.5